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 90/4 Amendment 3 affecting Beechcraft 90 and 65-90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/4 Amendment 3. 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 (Airworthiness Directives) Instrument 2008 is a legislative instrument made under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations for the purposes of the Act and in the interests of the safety of air navigation. This instrument addresses the need for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with the Civil Aviation Safety Regulations 1998, thereby ensuring that aircraft types and aeronautical products meet necessary safety standards. The ADs, issued by CASA, mandate specific actions to maintain the airworthiness of aircraft, reflecting the responsibility of the State of Registry under Annex 8 of the Convention on International Civil Aviation. The cancellation of AD/BEECH 90/4 Amendment 3 for Beechcraft 90 and 65-90 model aircraft was made in alignment with international obligations and concluded that the unsafe condition identified had been resolved, thereby negating the need for ongoing regulatory action. This decision was implemented by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, as per subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework under which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) in Australia. These regulations apply to aircraft and aeronautical products registered in Australia, ensuring compliance with international standards for airworthiness as mandated by the Convention on International Civil Aviation, specifically Annex 8. The ADs serve as legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to address the continuing airworthiness of aircraft types registered in Australia, in response to directives from the State of Design. This ensures that the safety of air navigation is maintained in accordance with international obligations and Australian regulatory requirements. The AD/BEECH 90/4 Amendment 3 concerning Beechcraft 90 and 65-90 model aircraft was cancelled by CASA due to the resolution of the unsafe condition identified, without necessitating a replacement AD or public consultation. This action aligns with Australia's commitments under the Convention on International Civil Aviation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (s 98) empowers the Governor-General to make regulations for the Act, focusing on ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in line with section 6 of the Legislative Instruments Act 2003. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to ensure the airworthiness of a type of aircraft.
The obligations under this legislation are primarily directed towards CASA as Australia's national airworthiness authority. CASA must assess information provided by the State of Design regarding ADs issued against aircraft types on the Australian Register. If deemed appropriate, CASA is required to issue corresponding Australian ADs to mandate the requirements of the State of Design, thereby ensuring compliance with international standards. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, aligning with the mandates set out in Annex 8 of the Convention on International Civil Aviation.
Breaching the provisions of these regulations can result in significant legal consequences. Although specific offences and penalties are not detailed within the scope of the given text, non-compliance with airworthiness directives can typically lead to severe civil or criminal penalties, including fines and imprisonment. Such breaches may also result in the grounding of aircraft, which can have substantial economic implications for operators. Given the critical nature of airworthiness directives in maintaining safety standards, any failure to adhere to these regulations is likely to be met with stringent enforcement measures to ensure public safety and regulatory compliance.