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.
The Civil Aviation Safety Authority or its predecessors issued AD/BEECH 90/17 affecting Beechcraft 65-90, 65-A90 and B90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/17. The cancellation will become effective on 3 July 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia and ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide more detailed provisions, including the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interests of aviation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The policy objective underpinning these provisions is to maintain and enhance the safety standards of aviation, in alignment with international obligations, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international commitments while maintaining stringent safety standards for the nation's aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives being legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are essential for ensuring the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation, where the State of Design bears the overall responsibility for an aircraft type and must provide necessary information to the States of Registry, who in turn must develop or adopt requirements to ensure airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce the required safety measures. The issuance, amendment, or cancellation of these ADs is executed by CASA, adhering to the legislative framework and international obligations, without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) include section 98 of the Act (subsection 84A(2)) and regulation 39.001 of the Regulations (subregulation 39.001(5)). Section 98 empowers the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA, as Australia’s national airworthiness authority, when issuing ADs. According to Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type has the primary responsibility for ensuring the continuing airworthiness of that type, and must provide necessary information to States of Registry. When an AD is issued by a State of Design, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards.
Under the Civil Aviation Act 1988, there are specific offences, penalties, and consequences for non-compliance with airworthiness directives. While the specific offences and penalties related to non-compliance with ADs are not detailed in the provided text, generally, failure to comply with ADs can result in severe civil or criminal consequences, including fines and imprisonment. The exact penalties would depend on the specific circumstances of the breach and the severity of the non-compliance.
The Civil Aviation Safety Authority has the authority to cancel ADs when the unsafe conditions they were designed to address no longer exist. For instance, Australian AD/BEECH 90/17, which affected Beechcraft 65-90, 65-A90, and B90 model aircraft, has been cancelled by CASA because the unsafe condition no longer exists. This cancellation became effective on 3 July 2008, and no replacement AD is required. The process of cancelling an AD does not require consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.