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 90/9 affecting Beechcraft 90 and 65-90 series model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 90/9. 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, 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, is a foundational piece of legislation that governs the regulation of civil aviation within Australia. Its primary purpose is to ensure the safety of air navigation, which is achieved through the implementation of comprehensive regulatory frameworks, including the Civil Aviation Safety Regulations 1998. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. 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. These directives are essential tools for maintaining the continuing airworthiness of aircraft, as they provide necessary safety information and mandate compliance with safety standards. The policy objective of this legislation is to uphold the highest safety standards in civil aviation, aligning with international obligations under the Convention on International Civil Aviation, particularly regarding the responsibilities of the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. According to regulation 39.001 of the Civil Aviation Safety Regulations, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and registration under the Legislative Instruments Act 2003. The ADs are essential for ensuring the continuing airworthiness of aircraft types registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing ADs issued by States of Design and, if deemed necessary, issuing corresponding Australian ADs to enforce the required safety measures. The process of AD issuance and cancellation is conducted without public consultation due to its technical nature and alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 provides the framework for airworthiness directives (ADs) under section 98, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These ADs are integral to maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures compliance with international standards and maintains safety across the Australian fleet.
The obligations under the Civil Aviation Safety Regulations 1998 impose a duty on CASA to assess any AD issued by the State of Design that pertains to aircraft registered in Australia. If CASA determines that the AD is applicable, it must issue a corresponding Australian AD to mandate the necessary actions to address any identified unsafe conditions. This process ensures that all aircraft in Australia meet the required safety standards.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines. The maximum penalty for each offence varies depending on the severity of the breach but can be substantial, reflecting the critical nature of air safety regulations. Additionally, continued operation of a non-compliant aircraft can result in criminal charges, which may include imprisonment, further emphasising the importance of adhering to ADs.