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 90/8 Amendment 1 affecting Beechcraft 65-90, 65-A90 and B90 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/8 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, 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 Australian Parliament, provides a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. Under this Act, the Civil Aviation Safety Regulations 1998 were established to implement various safety measures, including the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. ADs are legislative instruments that serve as a crucial mechanism for addressing safety issues and maintaining the airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives based on assessments of information from the State of Design, as per international obligations under the Convention on International Civil Aviation. The Act empowers CASA to cancel ADs when the unsafe conditions they address no longer exist, as exemplified by the cancellation of AD/BEECH 90/8 Amendment 1 for certain Beechcraft models, which was effective from 31 July 2008.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review, and are essential for maintaining the continuing airworthiness of aircraft in accordance with the standards set by the International Civil Aviation Organization (ICAO). The ADs are a response to the State of Design's responsibility for the ongoing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation, and require the State of Registry to implement the directives within its jurisdiction. CASA, as Australia's national airworthiness authority, evaluates the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to ensure compliance and safety. The AD/BEECH 90/8 Amendment 1, which affected Beechcraft 65-90, 65-A90, and B90 model aircraft, was assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition, effective from 31 July 2008, without the need for a replacement directive. This cancellation aligns with Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, allows the Governor-General to make regulations for air navigation safety (s 98). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. In essence, ADs serve as legally binding mandates to ensure the continuing airworthiness of aircraft, with CASA having the authority to issue them based on assessments of safety requirements.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to maintain the airworthiness of aircraft registered within their jurisdiction. On the other hand, the State of Registry, in this case, CASA as Australia’s national airworthiness authority, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its register. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA is obligated to assess this information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
Failure to comply with the ADs can result in serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to the imposition of fines or imprisonment. The maximum penalties for individuals can include fines up to a certain amount and imprisonment for a specified term. For corporations, the fines can be substantially higher, reflecting the seriousness of compromising air safety. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.
The process for issuing and cancelling ADs is rigorous and follows international standards. For example, the AD/BEECH 90/8 Amendment 1 affecting Beechcraft 65-90, 65-A90, and B90 model aircraft was issued and subsequently cancelled by CASA. The cancellation was based on the reassessment of the safety condition, and since no unsafe condition remained, no replacement AD was necessary. This decision was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required as per the Office of Best Practice Regulation guidelines. Such measures ensure that ADs are issued and managed with the utmost precision to protect public safety in aviation.