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 77/5, affecting Beech 77 model aircraft in 1980. 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 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 a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. Under the authority conferred by section 98 of the Act, the Governor-General may make regulations, which were further specified in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products to maintain safety standards. An AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing and implementing ADs issued by the State of Design, ensuring compliance with Australian standards.
Scope and Application
The Civil Aviation Act 1988, and more specifically the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are essential regulatory instruments for ensuring the continuing airworthiness of aircraft and aeronautical products within Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for particular kinds of aircraft or aeronautical products. This regulatory authority is extended to Australia’s national airworthiness authority, CASA, which is mandated to assess information from the State of Design and issue Australian ADs if necessary. An AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to enforce the continuing airworthiness of aircraft types registered in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The scope of these regulations applies to all aircraft and aeronautical products within the Australian jurisdiction, with CASA being the central authority responsible for the implementation and enforcement of ADs. The application of ADs is not limited by specific exclusions or thresholds as long as they pertain to the airworthiness of aircraft registered in Australia. However, ADs can be subject to cancellation if they no longer serve a regulatory purpose, as evidenced by the cancellation of AD/BEECH 77/5 in 2008.
Key Provisions
The Civil Aviation Act 1988, as amended and interpreted by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, given their disallowable nature as per section 46A of the Acts Interpretation Act 1901.
Entities governed by the Act, including CASA, must adhere to international standards as set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered within its jurisdiction by adopting or developing appropriate requirements. For instance, when a State of Design issues an AD, CASA is mandated to review and, if necessary, issue a corresponding Australian AD. This ensures that all relevant safety standards and modifications are communicated and enforced within the Australian aviation sector.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines. The specific penalties for non-compliance are not detailed in the provided text, but they are generally substantial, reflecting the critical importance of adhering to safety directives in aviation. Additionally, repeated or severe non-compliance may lead to more severe consequences, such as the suspension or revocation of an aircraft's airworthiness certificate, effectively grounding the aircraft until compliance is achieved.
In the specific case of AD/BEECH 77/5, which affects Beech 77 model aircraft, CASA has determined that the AD can be cancelled as all affected aircraft have been modified in accordance with the directive. This decision, effective from 3 July 2008, reflects a reduction in regulatory burden and has been made in accordance with subsection 84A(2) of the Act. The cancellation does not require public consultation or a Regulatory Impact Statement, as it has been deemed to have minimal impact on the public or the regulatory landscape.