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 90/67 Amendment 1 affecting Beechcraft F90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/67 Amendment 1. The cancellation will become effective on 31 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 regulate civil aviation in Australia and ensure the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that support the Act's objectives, including the issuance of airworthiness directives to maintain the safety of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This legislative framework is designed to uphold Australia's commitment to international standards set by the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft. The authority to issue and cancel such directives is exercised by CASA, which acts as the national airworthiness authority, ensuring that all aircraft registered in Australia meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to all matters related to the safety of civil aviation in Australia, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. As a legislative instrument, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are reviewed by the Office of Best Practice Regulation to ensure compliance with best practice regulatory standards. ADs are primarily issued by the State of Design of an aircraft type and adopted by the State of Registry, such as CASA in Australia, to ensure the continuing airworthiness of aircraft within its jurisdiction. In this particular instance, CASA issued and subsequently cancelled Australian AD/BEECH 90/67 Amendment 1 for the Beechcraft F90 model aircraft, a decision made in accordance with Australia’s obligations under the Convention on International Civil Aviation. This cancellation, effective from 31 July 2008, was executed without public consultation, as it was determined that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation. Under this authority, 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. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are instrumental in maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the States of Registry to ensure the aircraft's airworthiness. In Australia, the State of Registry must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued and subsequently cancelled AD/BEECH 90/67 Amendment 1, which affected Beechcraft F90 model aircraft. This cancellation, effective from 31 July 2008, was due to the unsafe condition no longer existing. No replacement AD is required for this aircraft model. Given the international obligations under the Convention on International Civil Aviation, no public consultation was conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, issued this AD cancellation on behalf of CASA in accordance with subsection 84A(2) of the Act. This legal framework ensures that CASA adheres to its responsibilities in maintaining air safety through the issuance and management of airworthiness directives.
In terms of obligations and penalties, failure to comply with airworthiness directives can result in severe consequences. Operators who do not adhere to ADs may face regulatory action, including fines and potential grounding of the aircraft. The Civil Aviation Safety Regulations 1998 outline various offences related to non-compliance with airworthiness directives. Penalties for such breaches can include substantial financial penalties and, in severe cases, criminal charges. The exact penalties depend on the nature and severity of the non-compliance but can vary significantly, reflecting the critical importance of adhering to airworthiness directives for public safety.