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 65/58 Amendment 3 affecting Beechcraft 65 and 70 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 65/58 Amendment 3. The cancellation will become effective on 3 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 was enacted to regulate civil aviation and promote the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they play a crucial role in maintaining the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type’s airworthiness, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when necessary to comply with international obligations. The cancellation of Australian AD/BEECH 65/58 Amendment 3, affecting Beechcraft 65 and 70 model aircraft, reflects the conclusion that the unsafe condition addressed by the directive no longer exists, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and fall under the purview of the Acts Interpretation Act 1901. They are crucial for ensuring the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to maintain airworthiness, and the State of Registry, which registers individual aircraft, must implement the requisite requirements. CASA, acting as Australia’s national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs in response to ADs issued by other states to maintain the safety of aircraft registered in Australia. In the specific case of AD/BEECH 65/58 Amendment 3, CASA has cancelled the directive due to the resolution of the unsafe condition, without the need for a replacement directive. This action adheres to Australia's commitments under international aviation conventions and has been carried out by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, as stipulated by subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General is empowered to make regulations aimed at ensuring the safety of air navigation. One significant regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to maintaining the safety and airworthiness of aircraft, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the state where the aircraft type was designed, has the overarching responsibility for ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to the States of Registry to maintain airworthiness. The State of Registry, on the other hand, is responsible for the individual aircraft's continuing airworthiness, requiring them to develop or adopt requirements that ensure the safety of the aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to rigorously assess the ADs issued by the State of Design. When such an AD is issued, CASA must review the information provided and determine if it is appropriate to issue an Australian AD to enforce the safety requirements. This process ensures that Australian aircraft comply with international safety standards. In a specific case, CASA assessed and subsequently cancelled Australian AD/BEECH 65/58 Amendment 3 for Beechcraft 65 and 70 model aircraft. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, as the unsafe condition addressed by the AD no longer existed. The cancellation became effective on 3 July 2008, and no replacement AD was required.
Breaching the requirements set out in the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Failure to comply with an airworthiness directive can result in severe penalties, including fines and imprisonment. The maximum penalties are stipulated in the relevant sections of the Civil Aviation Act 1988 and can vary based on the severity of the breach. Non-compliance with ADs can compromise the safety of air navigation, leading to potential accidents and endangering lives. Therefore, it is crucial for all parties involved to adhere strictly to the directives issued under the Civil Aviation Safety Regulations 1998.