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 90/39 affecting Beech E90 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/39. The cancellation will become effective on 13 March 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 Acting 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 was enacted to regulate civil aviation within Australia, focusing on the safety of air navigation. It empowers the Governor-General to make regulations to ensure the safety of air navigation. In accordance with section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and are integral to the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must assess this information and issue corresponding ADs as required. This particular AD, affecting Beech E90 aircraft, was assessed and subsequently cancelled by CASA, as the unsafe condition no longer exists, thereby fulfilling Australia’s obligations under international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, thereby ensuring the continuing safety of air navigation in Australia. This regulatory framework applies to all aircraft registered within Australia and encompasses the responsibilities of the State of Design, which must provide information necessary for the continuing airworthiness of aircraft types, and the State of Registry, which must ensure that individual aircraft maintain their airworthiness. The ADs are legislative instruments, and their issuance or cancellation is rooted in international obligations under the Convention on International Civil Aviation. In the instance of AD/BEECH 90/39, which affected Beech E90 aircraft, CASA has cancelled the directive because the unsafe condition it addressed no longer exists, and no replacement AD is required. This action was taken in accordance with Australia's international obligations and the authority granted under the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, allow the Governor-General to make regulations for the safety of air navigation and enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products (98, 39.001). These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (46A, 6) and are subject to disallowance. These directives ensure that aircraft maintain their airworthiness, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8.
Under these regulations, the State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the aircraft's continuing airworthiness (39.001(5)). For Australian-registered aircraft, CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation mandate that when CASA issues an AD, it must cancel the AD if the unsafe condition is no longer present, as was the case with AD/BEECH 90/39 concerning Beech E90 aircraft. This cancellation was made effective as of 13 March 2008, and no replacement AD is required because the unsafe condition has been resolved. As this cancellation aligns with Australia's international obligations, there was no consultation with the public, and no Regulatory Impact Statement was required.
Any breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, can result in significant penalties. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a certain amount, while criminal penalties can include imprisonment and/or fines, depending on the severity of the breach. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety and integrity of air navigation.