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 90/35 affecting Beechcraft B90, C90 and 65-90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/35. 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 Commonwealth Parliament, is foundational legislation designed to ensure the safety and efficiency of civil aviation within Australia. The Act establishes the Civil Aviation Safety Authority (CASA) as the national authority responsible for regulating and overseeing civil aviation safety standards. One of the key mechanisms through which CASA exercises its regulatory powers is through the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives are crucial for ensuring the continuing airworthiness of aircraft, aligning with international standards as set out in the Convention on International Civil Aviation. The 1988 Act allows for the creation of such regulations in the interests of air navigation safety, ensuring that Australia’s aviation sector adheres to both domestic and international safety protocols. The legislative framework established by the Act and subsequent regulations aims to maintain high safety standards, thereby protecting the public and contributing to the efficient operation of the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives, which are legislative instruments that mandate safety requirements for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as stipulated by the State of Design and enforced by the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. In Australia, the Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, ensuring they align with international standards and obligations. For instance, CASA issued and subsequently cancelled AD/BEECH 90/35, which affected Beechcraft B90, C90, and 65-90 model aircraft, due to the cessation of the unsafe condition identified. This process reflects Australia's commitment to international safety standards and obligations, thereby influencing the regulatory approach and the necessity for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations, including the Civil Aviation Safety Regulations 1998, provide a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act grants the Governor-General the power to make regulations that serve the interests of air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments, meaning they are subject to parliamentary scrutiny, and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry, which must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with the requirements set forth in an AD can lead to significant consequences. Civil penalties may be imposed for non-compliance with ADs, and in severe cases, criminal penalties may apply. The exact penalties are not specified within the regulations but can include fines and, in more serious instances, imprisonment. CASA has the authority to enforce compliance and may take action against operators or manufacturers who fail to adhere to the directives.
In the specific case of AD/BEECH 90/35 affecting Beechcraft B90, C90, and 65-90 model aircraft, CASA has cancelled the Australian AD due to the resolution of the unsafe condition identified in the original directive. The cancellation became effective on 3 July 2008, and no replacement AD is required. This action aligns with Australia’s obligations under the Convention on International Civil Aviation and does not necessitate public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.