CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Authority or its predecessors issued AD/BEECH 65/41 affecting Beechcraft 65-B80 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 65/41. The cancellation will become effective on 03 July 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, is a comprehensive piece of legislation aimed at ensuring the safety and efficiency of civil aviation within Australia. The Act grants the Civil Aviation Safety Authority (CASA) the authority to issue regulations, including airworthiness directives (ADs), under section 98, in the interests of air navigation safety. These ADs are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products, as outlined in the Civil Aviation Safety Regulations 1998. One such AD, AD/BEECH 65/41, affecting Beechcraft 65-B80 model aircraft, was issued and subsequently cancelled by CASA. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the continuing airworthiness responsibilities of the State of Design and the State of Registry. The cancellation of this AD, effective from 03 July 2008, was determined to not require a Regulatory Impact Statement and did not involve public consultation, as assessed by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products, pursuant to regulation 39.001. This authority is exercised to ensure the continuing airworthiness of aircraft registered in Australia and to comply with international obligations under Annex 8 to the Convention on International Civil Aviation. ADs serve as legislative instruments, issued by CASA, which is Australia's national airworthiness authority. These directives are designed to mandate safety requirements to address identified unsafe conditions within the aircraft industry. The ADs are applicable to all aircraft registered in Australia and are a reflection of both domestic and international safety standards. It is noteworthy that the cancellation of ADs, such as AD/BEECH 65/41, is made in accordance with the obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement. The issuance and cancellation of these directives are carried out by designated personnel within CASA, ensuring adherence to the legislative framework and international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which permits the Governor-General to make regulations that serve the Act's purpose and enhance the safety of air navigation. It is noteworthy that an AD is a legislative instrument, as defined by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which references section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to evaluate airworthiness directives issued by the State of Design concerning aircraft types registered in Australia. This evaluation is crucial to ensure that the continuing airworthiness of these aircraft aligns with the safety standards set forth by Annex 8 to the Convention on International Civil Aviation. When CASA determines that an AD issued by a State of Design mandates specific requirements, CASA must issue an Australian AD to enforce these requirements. This ensures that the safety standards are uniformly applied across all aircraft of the specified type registered in Australia.
Failure to comply with an AD could result in significant consequences for the parties involved. Under section 90 of the Civil Aviation Act 1988, non-compliance with a direction given under the Act, including ADs, can lead to enforcement actions. Such actions might include the issuance of a compliance notice or a prohibition notice, or even the revocation of an aircraft's certificate of airworthiness. The severity of the penalties can vary depending on the nature and extent of the non-compliance. For example, serious breaches may lead to criminal charges, which could result in substantial fines or imprisonment. In civil cases, the penalties could include fines or other monetary penalties, reflecting the seriousness of compromising aviation safety.
In the specific case of AD/BEECH 65/41, which affected Beechcraft 65-B80 model aircraft, CASA assessed the AD and subsequently decided to cancel it. The cancellation took effect on 03 July 2008, and no replacement AD was necessary as the unsafe condition no longer existed. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation was required. Moreover, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.