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 65/60 Amendment 1, affecting Beech 65 model aircraft in 1986. 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 establish a comprehensive framework for the regulation of civil aviation within Australia, addressing the need for a unified approach to ensure the safety and efficiency of civil aviation activities. This legislation empowers the Governor-General to create regulations that serve the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these ADs, as outlined in subregulation 39.001(5), is to maintain the airworthiness of aircraft and align with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The cancellation of AD/BEECH 65/60 Amendment 1, which pertains to Beech 65 model aircraft from 1986, is a direct application of the authority granted under the Civil Aviation Act 1988. CASA, as the national airworthiness authority, assessed the need for this AD and determined that it is no longer necessary as the affected aircraft have already been appropriately inspected and modified. This decision, made by the Manager, Airframes in the Airworthiness Engineering Branch, aims to reduce the regulatory burden without compromising safety. The process adhered to the statutory requirements and did not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products within Australia. These ADs are integral to maintaining the continuing airworthiness of aircraft registered in Australia and are grounded in international standards set by the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure its continuing airworthiness, and it is the State of Registry's duty to implement these directives to ensure compliance. In the case of Beech 65 model aircraft from 1986, CASA issued an AD that has now been reviewed and subsequently cancelled by CASA. The cancellation, effective from 3 July 2008, reflects that all affected aircraft have been inspected and modified as required, thereby reducing the regulatory burden. This action was taken by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, and no public consultation was deemed necessary given the nature of the cancellation. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, thereby streamlining the process without the need for extensive regulatory analysis.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia’s national airworthiness authority, must ensure that the continuing airworthiness of aircraft is maintained. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of an aircraft type. They must provide all necessary information to ensure that aircraft remain airworthy, and this information is typically communicated through ADs. Similarly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure that the aircraft under its registry remain airworthy. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued AD/BEECH 65/60 Amendment 1, which pertains to Beech 65 model aircraft manufactured in 1986. After a review, CASA has decided to cancel this AD, effective from 3 July 2008. This cancellation does not necessitate the issuance of a new AD, as all affected aircraft would have been inspected and, if necessary, modified long ago. The decision to cancel the AD was made without consulting the Australian public, as it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 impose specific obligations on entities such as CASA and the State of Registry. They must ensure that any ADs issued by the State of Design are assessed and, if appropriate, translated into Australian ADs. These obligations are crucial for maintaining the safety and airworthiness of aircraft registered in Australia. Any failure to comply with these obligations could potentially compromise the safety standards required by international conventions and national legislation.
Under the Civil Aviation Act 1988, breaches of the ADs can result in serious consequences. The Act includes provisions that allow for both civil and criminal penalties. The maximum penalties for non-compliance with ADs can include fines and imprisonment, depending on the severity of the breach. Such penalties are designed to enforce adherence to airworthiness standards and ensure the safety of air navigation.