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.
CASA issued AD/BEECH 65/53 Amendment 1, affecting Beech 65 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as routine maintenance requirements are now adequate.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes 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 Commonwealth Parliament, provides a legislative framework for the regulation of civil aviation in Australia, including ensuring the safety of air navigation. As part of this framework, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for specific types of aircraft or aeronautical products. This legislation was introduced to address the need for a consistent and authoritative regulatory approach to ensuring the continuing airworthiness of aircraft operating in Australia. Under this authority, CASA has decided to cancel the airworthiness directive AD/BEECH 65/53 Amendment 1, which affected Beech 65 model aircraft manufactured in 1980. The cancellation, which will take effect on 3 July 2008, was made without public consultation as it reduces the regulatory burden, and no replacement AD is deemed necessary as routine maintenance requirements are now sufficient. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the provisions of the Act.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations apply to all aircraft and aeronautical products within Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design is responsible for the continuing airworthiness of aircraft types and must communicate necessary information to States of Registry, which include Australia. As the national airworthiness authority, the Civil Aviation Safety Authority (CASA) evaluates information from the State of Design and issues Australian ADs as needed to maintain the continuing airworthiness of aircraft registered in Australia. For instance, CASA issued and subsequently cancelled AD/BEECH 65/53 Amendment 1 for 1980 model Beech 65 aircraft, effective from 3 July 2008, as routine maintenance requirements were deemed sufficient. This action, which reduces regulatory burden, did not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interests of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments and must comply with the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and the associated regulations, certain obligations are imposed on the parties involved. The State of Design, which is responsible for the aircraft's type, must provide necessary information to ensure its continuing airworthiness. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA acts as the national airworthiness authority and must assess information from the State of Design, issuing Australian ADs when appropriate. The AD/BEECH 65/53 Amendment 1, issued by CASA, is an example of such an Australian AD, although it has since been cancelled.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 outline the consequences for non-compliance with ADs. While the specific penalties are not detailed in the provided text, it is reasonable to infer that failure to comply with ADs could result in civil or criminal penalties. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach. The precise penalties would be determined in accordance with the relevant provisions of the Act and the regulations.
The cancellation of AD/BEECH 65/53 Amendment 1 does not require consultation with the Australian public, as it reduces the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This cancellation reflects CASA's assessment that routine maintenance requirements are now adequate for the Beech 65 model aircraft in 1980, and no replacement AD is necessary. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.