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 90/61 affecting Beechcraft C90, E90 and F90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/61. 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 was enacted to provide a legislative framework for ensuring the safety of air navigation in Australia, including the regulation of civil aviation and the issuance of airworthiness directives (ADs). Under this Act, the Civil Aviation Safety Regulations 1998 were also established to further detail the regulatory requirements for the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This legislative framework ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The authority to issue and cancel ADs, such as the recent cancellation of AD/BEECH 90/61 affecting Beechcraft C90, E90, and F90 model aircraft, is exercised by CASA, reflecting the nation's commitment to maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2008L01783, pertain to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance organisations. These regulations apply nationally across all Australian states and territories, aligning with the overarching framework provided by the Civil Aviation Act 1988. The issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) is a critical regulatory function designed to ensure the safety and airworthiness of aircraft. ADs are issued in response to identified safety deficiencies and mandate corrective actions to be taken by the relevant entities. While the Act and its regulations are broad in their application, certain exclusions or thresholds may apply depending on the specific circumstances of the aircraft type and the nature of the safety issue. The authority to issue ADs is extended through subordinate instruments, which may provide further details on specific aircraft types or safety concerns.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is also considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations placed upon the State of Design and the State of Registry are pivotal in the regulation of aircraft airworthiness. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, including providing necessary information to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures that safety standards are uniformly applied across all aircraft registered within Australia.
CASA issued AD/BEECH 90/61, which affected Beechcraft C90, E90, and F90 model aircraft, but has since cancelled this directive. This cancellation, effective from 3 July 2008, was due to the resolution of the unsafe condition that prompted the AD. Consequently, no replacement AD is required. Given the international obligations under the Convention on International Civil Aviation, CASA did not consult the Australian public on this AD cancellation, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
Under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988, the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, made the decision to cancel AD/BEECH 90/61. This decision aligns with Australia's commitment to international aviation safety standards and ensures the continuous improvement of airworthiness practices within the country.