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 90/6 affecting Beechcraft 65-A90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/6. 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 provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. As the national airworthiness authority, CASA is tasked with assessing and, if necessary, issuing Australian ADs that reflect the requirements of the State of Design to ensure the continuing airworthiness of aircraft registered in Australia. In accordance with Australia's obligations under the Convention on International Civil Aviation, CASA has cancelled AD/BEECH 90/6 for Beechcraft 65-A90 model aircraft, effective from 3 July 2008, as the unsafe condition addressed by the directive no longer exists. This action was taken by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations aimed at maintaining safety standards, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance procedures as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the responsibility to the State of Design and requires them to provide necessary information to the States of Registry. In Australia, CASA, acting as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. The AD/BEECH 90/6 concerning Beechcraft 65-A90 model aircraft is an example of such directives, which CASA has assessed and subsequently cancelled due to the resolution of the unsafe condition, effective from 3 July 2008, without the need for a replacement AD. The process of AD issuance and cancellation is conducted in accordance with the Civil Aviation Act and does not typically involve public consultation or the requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to create regulations necessary for the safety of air navigation, while regulation 39.001 allows CASA to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6) and are disallowable instruments under the Acts Interpretation Act 1901 (section 46A).
Entities and individuals governed by these provisions must adhere to the requirements set forth by CASA. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the State of Registry to ensure the aircraft's airworthiness. The State of Registry must then develop or adopt requirements to maintain the continuing airworthiness of the aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with ADs can result in severe consequences. While specific offences and penalties are not outlined in the text, it is implied that non-compliance with airworthiness directives can lead to significant civil or criminal penalties. The text notes that the AD/BEECH 90/6, which affected Beechcraft 65-A90 model aircraft, has been cancelled by CASA due to Australia's obligations under the Convention on International Civil Aviation, indicating that adherence to these regulations is strictly enforced. The cancellation of the AD suggests that the unsafe condition no longer exists, and no replacement AD is required, reflecting CASA's commitment to maintaining high safety standards in civil aviation.