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 90/18, affecting Beech 90 model aircraft in 1969. 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 regulate civil aviation in Australia, ensuring safety and efficiency in the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were made to provide detailed provisions on safety standards and procedures. The problem or gap this legislation addresses is the need for stringent regulations to ensure the safety of air navigation, which is critical given the inherent risks associated with aviation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations align with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for an aircraft type's continuing airworthiness, and the State of Registry must ensure the individual aircraft's airworthiness. CASA, as Australia's national airworthiness authority, must issue Australian airworthiness directives when necessary to enforce the requirements of the State of Design.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia and ensures that they comply with safety standards. The authority to issue ADs is derived from regulation 39.001, and these directives are considered disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments. The ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the airworthiness of an aircraft type and the State of Registry the responsibility for individual aircraft. CASA, as Australia's national airworthiness authority, must issue corresponding Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register. In the specific case of AD/BEECH 90/18, CASA decided to cancel the directive concerning Beech 90 model aircraft from 1969, effective from 3 July 2008, without the need for a Regulatory Impact Statement due to its minimal regulatory impact. The cancellation of this AD reflects CASA's commitment to reducing regulatory burdens while maintaining safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as a mechanism to ensure the continuing airworthiness of aircraft and aeronautical products, a responsibility that is ultimately borne by the State of Registry under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations include the requirement for CASA to assess any AD issued by the State of Design against a type of aircraft on the Australian Register. If deemed appropriate, CASA must then issue an Australian AD to mandate the requirements of the State of Design, ensuring that Australian-registered aircraft comply with international standards for airworthiness. The State of Design, typically the manufacturer of the aircraft type, has the overarching responsibility of providing necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft registered within its territory.
Failure to comply with ADs can lead to serious consequences. Under section 84A(2) of the Act, CASA has the authority to issue ADs, and non-compliance with these directives can result in regulatory enforcement actions. While specific penalties for non-compliance with ADs are not detailed within the provided text, it is implied that such non-compliance could lead to civil or criminal penalties, as outlined in relevant aviation legislation. The seriousness of these consequences underscores the importance of adhering to ADs, which are designed to maintain the safety standards necessary for the operation of aircraft.
In the specific instance of AD/BEECH 90/18, which affected Beech 90 model aircraft from 1969, CASA has decided to cancel the directive, effective 3 July 2008. This decision was made after a review process determined that no further action was necessary, as all affected aircraft would have been inspected and, if required, modified long ago. Given that the cancellation results in a reduction of the regulatory burden, no consultation with the Australian public was deemed necessary, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The directive was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.