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 90/77 affecting Beechcraft C90A model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/77. 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, 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, enacted by the Parliament of Australia, was introduced to ensure the safety of air navigation and establish regulatory frameworks for civil aviation in Australia. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft types or aeronautical products registered in Australia. These ADs, which are legislative instruments, serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft and are mandated by international obligations under the Convention on International Civil Aviation. CASA’s role includes assessing and implementing ADs issued by the State of Design, as well as cancelling them when conditions no longer warrant such measures. The cancellation of AD/BEECH 90/77 for Beechcraft C90A model aircraft, effective from 31 July 2008, reflects CASA’s adherence to international standards and the resolution of previously identified safety concerns.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provide the legislative framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. These regulations empower the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, to issue ADs for specific kinds of aircraft or aeronautical products. As stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998, such directives are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments. This regulatory approach aligns with the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the State of Registry. Consequently, the State of Registry, such as CASA in Australia, must ensure these requirements are met. This regulatory mechanism is crucial for maintaining the safety and airworthiness of aircraft registered in Australia, following international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for the issuance of airworthiness directives (ADs) under section 98 (1) of the Act and regulation 39.001 (1) of the Regulations respectively. An AD is a legislative instrument and a disallowable instrument (39.001(5), Acts Interpretation Act 1901). These provisions enable the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these items, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the airworthiness of an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft.
Under these regulations, CASA must assess any airworthiness directives issued by the State of Design for types of aircraft registered in Australia and, if necessary, issue an Australian AD to enforce those requirements. The cancellation of AD/BEECH 90/77, which affected Beechcraft C90A model aircraft, was a direct result of CASA’s assessment under these provisions. The unsafe condition that necessitated this AD has since been resolved, and no further action is required. This cancellation became effective on 31 July 2008. Given that this cancellation was a result of Australia’s international obligations, there was no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The issuance and cancellation of ADs are overseen by the Manager, Systems and New Technologies, and the Manager, Airframe and Structures, within the Airworthiness Engineering Branch at CASA, in accordance with subsection 84A(2) of the Act. The AD cancellation process is thus a formal part of ensuring that Australian registered aircraft meet international safety standards. CASA's actions in this regard are critical in maintaining the safety and reliability of the Australian civil aviation fleet. Failure to comply with these regulations and the requirements of ADs could lead to significant safety risks, with potential civil and criminal consequences for those responsible.