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 76/3, affecting Beech 76 model aircraft in 1979. 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 within Australia. It provides a framework for the regulation of civil aviation, including the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of the safety of air navigation. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were also introduced to provide further detail and guidelines on various aspects of civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring they meet safety standards.
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow CASA to issue airworthiness directives for certain types of aircraft or aeronautical products. An airworthiness directive is considered a legislative instrument under the Legislative Instruments Act 2003. The cancellation of an existing airworthiness directive, such as AD/BEECH 76/3 affecting Beech 76 model aircraft, is conducted to reduce regulatory burden without necessitating public consultation or a Regulatory Impact Statement, provided it does not compromise safety. This process is overseen by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with the Act’s provisions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is responsible for assessing the information and issuing an Australian AD to enforce the requirements of the State of Design. This process ensures that the aircraft's continuing airworthiness aligns with international standards. For instance, CASA issued and subsequently cancelled AD/BEECH 76/3 in 1979, which affected Beech 76 model aircraft, after determining that all necessary inspections and modifications had already been conducted. The cancellation of this AD was implemented to reduce regulatory burden, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring airworthiness through the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for air safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Subregulation 39.001(5) further defines an AD as a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions necessitate that CASA, as the national airworthiness authority, assess any ADs issued by States of Design and, if appropriate, mandate these requirements through Australian ADs. This ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. States of Design are responsible for providing necessary information to support the airworthiness of aircraft types, while States of Registry must implement requirements to ensure the airworthiness of individual aircraft.
In practical terms, the legislation mandates that CASA review and, where necessary, issue ADs based on international standards and the specific needs of the Australian aviation industry. This includes cancelling ADs, as demonstrated in the case of AD/BEECH 76/3, which CASA decided to cancel on 3 July 2008. This decision was made after determining that all affected aircraft had already been inspected and, if necessary, modified. The cancellation of this AD was deemed not to require public consultation or a Regulatory Impact Statement because it reduces the regulatory burden without affecting public safety.
The consequences of failing to comply with the ADs are significant. Any breach of the ADs, which are legislative instruments, could result in both civil and criminal penalties. Under the Acts Interpretation Act 1901, a person who contravenes an AD may be liable for penalties as prescribed by the Civil Aviation Act 1988. The maximum penalties for such breaches can include substantial fines and, in severe cases, imprisonment, reflecting the serious nature of ensuring air safety.