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 65/6, affecting Beech 65 model aircraft in 1967. 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 all affected aircraft would have been inspected, and, if necessary, modified long ago.
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 was enacted to provide for the safety of air navigation in Australia, with a strong emphasis on the regulation of aircraft airworthiness to ensure public safety. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are critical for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs to enforce the necessary requirements, ensuring compliance with international standards. The regulatory process aims to reduce the overall regulatory burden while maintaining high safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of civil aviation in Australia, ensuring the safety of air navigation through various regulatory mechanisms, including the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, being legislative instruments, are subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs to comply with the requirements of the State of Design. The recent cancellation of AD/BEECH 65/6, which affected Beech 65 model aircraft manufactured in 1967, demonstrates CASA’s ongoing commitment to maintaining the safety and efficiency of aviation regulations by reducing unnecessary regulatory burdens.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft types, a responsibility that is shared between the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly CASA, bear specific obligations. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs when a State of Design issues an AD against an aircraft type on the Australian Register. This obligation ensures that Australian-registered aircraft meet continuing airworthiness standards. The State of Registry, including CASA, must develop or adopt requirements to ensure the ongoing airworthiness of aircraft. This includes ensuring that all ADs are effectively communicated and enforced within the Australian aviation system.
In the case of AD/BEECH 65/6, which affected Beech 65 model aircraft in 1967, CASA has decided to cancel this directive, effective 3 July 2008. This decision follows a review indicating that no replacement AD is required, as all affected aircraft would have been inspected and, if necessary, modified long ago. The cancellation of this AD is seen as a reduction of regulatory burden, and no consultation with the Australian public was deemed necessary. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in the Airworthiness Engineering Branch issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Any breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various consequences. While specific penalties for non-compliance with ADs are not detailed in the provided text, breaches of aviation safety regulations can generally lead to civil or criminal penalties. These may include fines and imprisonment, depending on the severity and nature of the breach. The regulatory framework is designed to ensure compliance to maintain the highest safety standards in air navigation.