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 90/5 Amendment 1 affecting Beechcraft 65-A90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/5 Amendment 1. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework that encompasses various aspects of aviation operations, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for maintaining the airworthiness of aircraft, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue such directives. This legislative framework is essential for maintaining compliance with international standards set by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry for aircraft. CASA's role in assessing and issuing these directives ensures that Australian aviation standards align with global safety protocols. The cancellation of a specific airworthiness directive affecting Beechcraft 65-A90 model aircraft, as detailed in the explanatory statement, reflects CASA's commitment to upholding these safety standards and adapting to changes in aviation risks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) within Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. According to the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs must adhere to the requirements outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and mandates that necessary information be provided to the States of Registry. In Australia, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA must assess and, if necessary, issue Australian ADs based on the State of Design’s directives. This legislative and regulatory framework ensures that the safety standards for aircraft in Australia align with international obligations and maintain the highest safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 (regulation 39.001) enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory power is critical for maintaining high safety standards in civil aviation. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901, and consequently, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act in accordance with international standards and practices as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must review this directive and, if appropriate, issue a corresponding Australian AD to enforce the necessary requirements. This ensures that all aircraft registered in Australia comply with the required safety standards.
Failure to comply with an airworthiness directive can lead to serious consequences. Civil aviation safety regulations are designed to protect the public and maintain the integrity of the aviation system. Offences under these regulations can result in both civil and criminal penalties. The specific penalties depend on the severity of the breach and can include fines and imprisonment. For example, an individual or corporation found guilty of violating an AD could face fines of up to $275,000 for a serious breach or $137,500 for a lesser breach. Additionally, imprisonment for up to five years may apply for the most serious offences, ensuring that non-compliance carries significant repercussions.
CASA's decision to cancel the Australian AD/BEECH 90/5 Amendment 1 reflects the authority's commitment to safety and adherence to international obligations. The cancellation of the AD, effective from 3 July 2008, was made without public consultation, as it was determined that no such consultation was necessary under the prevailing regulations. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining rigorous safety standards. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch, acting on behalf of CASA, issued this directive in accordance with subsection 84A(2) of the Act, ensuring that all actions are taken within the legal framework established by the Civil Aviation Act 1988.