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 90/59 affecting Beechcraft F90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/59. 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, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate the safety of air navigation in Australia, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for maintaining the airworthiness of aircraft types and requiring States of Registry to ensure the continuing airworthiness of aircraft on their registers. CASA, as Australia's national airworthiness authority, evaluates ADs issued by the State of Design and issues corresponding Australian ADs as necessary. In this context, CASA has cancelled the Australian AD/BEECH 90/59 for Beechcraft F90 model aircraft, effective from 3 July 2008, due to the resolution of the previously identified unsafe condition, and no replacement AD is required. The cancellation aligns with Australia's commitments under the Convention on International Civil Aviation, thus obviating the need for public consultation or a Regulatory Impact Statement. The AD cancellation was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having overarching responsibility and the State of Registry being tasked with ensuring the ongoing airworthiness of individual aircraft. CASA, Australia’s national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary. The issuance, assessment, and cancellation of these directives are integral to compliance with both domestic legislation and international conventions, ensuring that Australian civil aviation standards are met and maintained.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of aircraft and aeronautical products in Australia. Section 98 of the Act allows the Governor-General to make regulations to promote the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations under the Act and the Regulations are primarily directed towards ensuring the continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to maintain airworthiness. For Australian registered aircraft, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. This process ensures that Australian registered aircraft meet international safety standards as set out by Annex 8 to the Convention on International Civil Aviation.
There are significant consequences for non-compliance with ADs. Any person or entity that fails to comply with an AD may face severe penalties. Under the Civil Aviation Act 1988, failure to comply with an AD can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the non-compliance and are determined by the courts. The regulations also provide for the cancellation of airworthiness certificates if an AD is not complied with, which can effectively ground an aircraft until the required compliance is achieved.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for maintaining the safety of aircraft in Australia through the issuance and enforcement of airworthiness directives. These directives are critical for ensuring that all aircraft meet the necessary safety standards, and failure to comply can result in substantial penalties. The legislative process ensures that ADs are aligned with international standards and are effectively implemented to protect the public and enhance aviation safety.