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 65/8, affecting Beech 65 model aircraft in 1983. 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 ensure the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations to enhance air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific aircraft or aeronautical products. This Act addresses the need for a robust framework to maintain the safety standards of civil aviation within Australia. The policy objective is to ensure the continuing airworthiness of aircraft and aeronautical products, in alignment with international standards set by the International Civil Aviation Organization (ICAO). This legislative instrument was made by CASA, in accordance with section 84A(2) of the Act, reflecting the need for a streamlined process to manage and mitigate risks associated with aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for aviation safety in Australia, empowering the Governor-General to make regulations for the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as stipulated by the Legislative Instruments Act 2003. The State of Design, where the aircraft is designed, is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, is responsible for the individual aircraft. When the State of Design issues an AD, CASA must review and, if necessary, issue a corresponding AD for aircraft registered in Australia. In the instance of AD/BEECH 65/8, which affected Beech 65 model aircraft from 1983, CASA has determined that the directive is no longer necessary due to prior inspections and modifications. Consequently, CASA has decided to cancel this AD, effective 3 July 2008, without public consultation, as it reduces regulatory burden. This cancellation does not require a Regulatory Impact Statement, in accordance with the determination by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, as authorised by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is the state responsible for the design of an aircraft, has a primary role in ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to appropriate States of Registry. Meanwhile, the State of Registry, which is the state where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, has the responsibility to assess information provided by the State of Design and, if necessary, issue Australian ADs to mandate the required safety measures.
Failure to comply with ADs can lead to serious consequences. Section 84A(2) of the Civil Aviation Act 1988 allows CASA to issue ADs that are binding and enforceable. Any non-compliance with these directives can result in civil penalties under the Civil Aviation Act 1988, which may include fines up to a maximum of $22,200 for individuals and $111,000 for corporations, depending on the nature and severity of the breach. Additionally, non-compliance can lead to criminal charges, where penalties can include imprisonment for up to five years, reflecting the seriousness of ensuring air safety.
The Civil Aviation Safety Regulations 1998 also outline specific procedures for the issuance, amendment, and cancellation of ADs. For example, in the case of AD/BEECH 65/8, which affected Beech 65 model aircraft manufactured in 1983, CASA has reviewed and decided to cancel the directive, effective from 3 July 2008. This cancellation was based on the assessment that all affected aircraft would have been inspected and, if necessary, modified long ago, thereby reducing the regulatory burden. Notably, no consultation with the Australian public was deemed necessary for this cancellation, as it aligns with the objective of streamlining regulations. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement, simplifying the administrative process.