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 90/54 affecting Beechcraft C90 and E90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/54. 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, 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 provide a legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations, including those related to airworthiness directives, which are crucial for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue such directives for specific kinds of aircraft or products, ensuring compliance with both national and international standards. This legislative structure was designed to address the need for a cohesive regulatory approach to airworthiness, reflecting Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design's responsibility for continuing airworthiness and the State of Registry's duty to enforce it. The recent cancellation of Australian AD/BEECH 90/54 concerning Beechcraft C90 and E90 model aircraft exemplifies the practical application of these provisions, demonstrating CASA's role in monitoring and adapting to international standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework ensures the ongoing airworthiness of aircraft registered in Australia, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, must review and, if necessary, mandate airworthiness directives issued by the State of Design when such directives pertain to aircraft registered in Australia. The recent cancellation of AD/BEECH 90/54 for Beechcraft C90 and E90 model aircraft reflects the resolution of a previously identified unsafe condition, and no public consultation or Regulatory Impact Statement was required in accordance with Australian obligations under the Convention on International Civil Aviation. The cancellation will take effect from 3 July 2008, and no replacement AD is needed as the unsafe condition no longer exists.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations in the interests of air navigation safety, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as defined by section 6 of the Legislative Instruments Act 2003 and section 46A of the Acts Interpretation Act 1901. This regulatory framework ensures that ADs are a crucial mechanism for maintaining the continuing airworthiness of aircraft types. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure safety. The State of Registry, in turn, is accountable for the continuing airworthiness of individual aircraft and must establish requirements to uphold this responsibility. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations. The State of Design must ensure that any AD issued provides sufficient information to maintain the airworthiness of aircraft types, aligning with international standards. The State of Registry must implement the requirements of ADs to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by the State of Design and determining whether to issue an Australian AD. These obligations ensure a coordinated approach to airworthiness maintenance across international borders, protecting public safety.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the specific offences and penalties are not detailed in the text, regulatory non-compliance can generally lead to enforcement actions, fines, or other civil or criminal penalties as prescribed by law. The severity of the penalties depends on the nature and extent of the breach, and may include substantial fines or imprisonment for more serious violations. The statutory framework is designed to enforce strict adherence to airworthiness standards to maintain safety in air navigation.