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.
CASA raised AD/BEECH 90/62 to correct an unsafe situation on Beech 90 aircraft in 1981. As a result of a review of the AD, it has been amended to AD/BEECH 90/62 Amdt 1 to provide terminating action for the repetitive inspections otherwise required by the AD. The amendment reduces the regulatory impact of the AD. This AD becomes effective on 20 November 2008 and cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public, because amendment reduces the regulatory burden of the AD.
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 and Structures in the Airworthiness Engineering Group, 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 of air navigation within Australia, providing a legislative framework for the regulation of civil aviation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that aim to ensure the continuing airworthiness of aircraft, with CASA acting on behalf of the State of Registry. CASA's role includes assessing information from the State of Design and issuing necessary ADs to enforce safety requirements. This approach adheres to international standards set by Annex 8 to the Convention on International Civil Aviation. The AD/BEECH 90/62 was amended to AD/BEECH 90/62 Amdt 1 to address an unsafe situation on Beech 90 aircraft, reducing the regulatory burden while maintaining safety standards. The amendment was issued by CASA, ensuring compliance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, thereby making such directives legislative instruments. These directives are essential for the continuing airworthiness of aircraft, with the State of Design having overall responsibility for an aircraft type, and the State of Registry tasked with ensuring the individual aircraft’s airworthiness. In Australia, CASA, acting as the national airworthiness authority, is mandated to issue Australian ADs when necessary, following the issuance of ADs by the State of Design. The amendment of AD/BEECH 90/62 to AD/BEECH 90/62 Amdt 1, which reduces the regulatory burden, exemplifies CASA’s role in implementing safety measures while considering the impact on the aviation industry.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 include section 39.001, which permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This power is exercised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001(5) further clarifies that these ADs are disallowable instruments, meaning they are subject to certain parliamentary scrutiny processes, as stipulated by section 46A of the Acts Interpretation Act 1901. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. One such AD, AD/BEECH 90/62, was issued to address an unsafe situation on Beech 90 aircraft and has since been amended to AD/BEECH 90/62 Amdt 1, which reduces the regulatory impact by providing terminating action for repetitive inspections.
The obligations and requirements imposed by these regulations are primarily concerned with ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, meaning they must provide necessary information to ensure the safety of aircraft of that type. The State of Registry, in this case, CASA acting on behalf of Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must evaluate this information and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that Australian-registered aircraft meet the necessary safety standards.
Offences and penalties for non-compliance with ADs can be severe, as these directives are essential for maintaining the safety of air navigation. Failure to comply with an AD can lead to serious safety risks, potentially resulting in accidents or incidents. The Civil Aviation Act 1988 and associated regulations do not explicitly state penalties for non-compliance with ADs; however, non-compliance with safety regulations can lead to enforcement actions by CASA, including fines, suspension, or revocation of airworthiness certificates, and in severe cases, criminal charges. The consequences of such breaches can also extend to civil liabilities for damages resulting from accidents caused by non-compliance.