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 90/24 affecting Beechcraft 90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/24. 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 safety in air navigation. This legislation was introduced to address the need for a comprehensive framework governing civil aviation operations and safety. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of safety. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, which among other things, provide the Civil Aviation Safety Authority (CASA) with the ability to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments and play a crucial role in ensuring the continuing airworthiness of aircraft, aligning with international standards under the Convention on International Civil Aviation. The Act and its associated regulations facilitate the coordination between the State of Design and the State of Registry to maintain airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance and management of airworthiness directives (ADs) in Australia, thereby ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. Such directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to States of Registry to ensure safety. CASA, as the national airworthiness authority, assesses these directives and may issue corresponding Australian ADs to enforce the requirements. The AD/BEECH 90/24 affecting Beechcraft 90 model aircraft, initially issued by CASA, has been cancelled due to the resolution of the unsafe condition, effective from 3 July 2008, without necessitating a replacement AD or public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations for the Act, ensuring safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation stipulates that the State of Design holds ultimate responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to relevant States of Registry. ADs are the prevalent means of continuing airworthiness information, typically issued by International Civil Aviation Organization (ICAO) Contracting States.
The obligations of the State of Design, as per Annex 8, include providing essential information to ensure the continuing airworthiness of an aircraft type, which is then assessed and potentially adopted by the State of Registry. In the case of Australia, CASA, as the national airworthiness authority, must review any AD issued by a State of Design against an aircraft type on the Australian Register and, if necessary, issue an Australian AD to enforce the requirements. This process was undertaken with AD/BEECH 90/24, which affected Beechcraft 90 model aircraft. CASA has assessed the directive and subsequently cancelled Australian AD/BEECH 90/24, effective from 3 July 2008. This cancellation was due to the unsafe condition no longer existing, and no replacement AD was required.
The AD cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and therefore, no public consultation was conducted. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued 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. This procedural adherence underscores the meticulous approach taken in managing airworthiness directives to ensure compliance with international standards and the safety of air navigation.