CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 US FAA issued AD 2004-23-02, affecting Raytheon 65-90, 65-A90, B90, C90, C90A, E90 and F90 aircraft, in 2004. US is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BEECH 90/75, Amendment 4, which will become effective on 17 February 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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. The Act empowers the Governor-General to make regulations for this purpose, such as the Civil Aviation Safety Regulations 1998, which authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are critical tools for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. The ADs are typically issued without public consultation, as they are directly related to international agreements and assessments by the relevant State of Design. This legislative framework ensures that CASA can efficiently and effectively mandate airworthiness requirements in alignment with global aviation standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. ADs serve as critical instruments in maintaining the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide information necessary to ensure the continuing airworthiness of aircraft types registered in other states, such as Australia. CASA, as Australia's national airworthiness authority, is obligated to assess this information and, if appropriate, issue corresponding ADs to enforce the requirements of the State of Design. In this context, ADs are not subject to consultation with the Australian public and do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This AD, for example, was issued in response to the US Federal Aviation Administration's AD 2004-23-02 for certain Raytheon aircraft types, and CASA issued its corresponding AD/BEECH 90/75, Amendment 4, which replaces previous directives.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 of the Act and regulation 39.001 of the Regulations, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be disallowed by either house of the Parliament.
The obligations imposed on the parties by the Act and Regulations primarily concern the maintenance of airworthiness. The State of Design, in this case the United States Federal Aviation Administration (FAA), has the responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to implement the necessary safety requirements.
Breach of the requirements set out in an AD could lead to various legal consequences. If an aircraft operator fails to comply with the terms of an AD, they could face civil or criminal penalties, including fines or imprisonment. The specific penalties for non-compliance depend on the nature and severity of the breach, but they can include substantial fines for each occurrence or ongoing non-compliance. Under the Civil Aviation Act 1988, serious breaches can lead to prosecution, which could result in significant penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential imprisonment. The Act also provides for the grounding of non-compliant aircraft, which can have severe operational and financial repercussions for operators.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives by CASA, which are essential for maintaining the safety of aircraft. These directives must be adhered to by aircraft operators and other relevant parties, with significant penalties for non-compliance. The Act and Regulations ensure that all stakeholders, including States of Design and Registry, work together to uphold the highest safety standards in civil aviation.