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 90-37, affecting Beech 90 model aircraft in 1975. 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 routine maintenance requirements are now adequate.
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 establish and regulate civil aviation in Australia, with a focus on ensuring safety and efficiency in air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations, and in line with this, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. This legislative framework is essential for aligning Australian practices with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and State of Registry in maintaining aircraft airworthiness. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue ADs based on the information provided by the State of Design, ensuring that Australian aircraft meet the required safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are issued to ensure the safety of air navigation by mandating requirements for the continuing airworthiness of aircraft types and aeronautical products. The application of ADs extends to all aircraft registered in Australia, with CASA acting on behalf of the State of Registry to implement ADs issued by the State of Design. The Civil Aviation Safety Regulations 1998 specifically empower CASA to issue these directives under regulation 39.001, and subregulation 39.001(5) confirms their disallowable nature. While ADs are typically issued following international standards set out in Annex 8 to the Convention on International Civil Aviation, the specifics of their application within Australia are governed by national regulations, ensuring compliance with local safety standards. The process of issuing and cancelling ADs, such as the recent cancellation of AD/BEECH 90-37 for Beech 90 model aircraft, is conducted without public consultation when it results in a reduction of regulatory burden, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (subregulation 39.001(5)), which serve as legislative instruments under the Legislative Instruments Act 2003. These directives, which pertain to specific types of aircraft or aeronautical products, are issued to ensure compliance with airworthiness standards and are consistent with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must develop or adopt requirements to maintain the airworthiness of individual aircraft.
The obligations imposed by these regulations are primarily on CASA and the States of Registry. CASA, as Australia’s national airworthiness authority, must review and assess any ADs issued by States of Design and determine if an Australian AD is necessary to mandate the required safety measures. States of Registry must ensure that their aircraft comply with any ADs, whether issued by the State of Design or CASA. This includes implementing the necessary maintenance, modifications, or inspections as stipulated in the ADs to ensure that the aircraft remain airworthy.
Failure to comply with the requirements of an AD can result in significant consequences. Operators who fail to adhere to the directives may face enforcement actions by CASA, which can include fines or other penalties. In severe cases, CASA may suspend or revoke an aircraft's certificate of airworthiness, effectively grounding the aircraft until compliance is achieved. Additionally, the Civil Aviation Act 1988 and associated regulations may provide for both civil and criminal penalties for breaches. Civil penalties can include fines, while criminal penalties may apply in cases of gross negligence or willful disregard of safety regulations, potentially resulting in imprisonment. The specific penalties are determined by the nature and severity of the breach, with maximum penalties as prescribed by the applicable laws.