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 95/18 affecting Beechcraft 95 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 95/18. 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, was introduced to ensure the safety and regulation of air navigation within Australia. The Act empowers the Governor-General to make regulations, including issuing airworthiness directives, to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, further elaborates on the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. The State of Design and the State of Registry are responsible for ensuring the continuing airworthiness of aircraft types and individual aircraft, respectively, in alignment with Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses foreign airworthiness directives and issues Australian equivalents as necessary, including the cancellation of AD/BEECH 95/18 for Beechcraft 95 model aircraft on 31 July 2008, due to the resolution of the unsafe condition identified. This cancellation process is conducted in accordance with the legislative framework, without public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia. These ADs apply to all aircraft registered in Australia and are mandated by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The authority to issue these directives stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates CASA's role in issuing ADs for specific types of aircraft or aeronautical products, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. ADs are essential tools in ensuring the continuing airworthiness of aircraft, with the State of Design having the primary responsibility for providing necessary information to States of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, when a State of Design issues an AD for an aircraft type registered in Australia, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the requirements of the originating State.
Key Provisions
The Civil Aviation Act 1988 (the "Act") and the Civil Aviation Safety Regulations 1998 (the "Regulations") provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, particularly for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Regulations. The issuance of ADs is governed by subregulation 39.001(5) of the Regulations, which stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs serve to ensure the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft was designed, is responsible for the overall continuing airworthiness of the aircraft type. The State of Design must provide necessary information to the States of Registry, which are responsible for the continuing airworthiness of individual aircraft registered in their country. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Act and the Regulations on the parties involved are significant. CASA must assess any airworthiness information provided by the State of Design and determine if an Australian AD is necessary. If an AD is issued, the parties affected by the AD must comply with its requirements. This includes aircraft operators, owners, and maintenance providers who must follow the specified procedures and actions to ensure the continuing airworthiness of the affected aircraft.
Failure to comply with an AD can result in severe consequences. The Regulations do not explicitly state the penalties for non-compliance with ADs; however, under the Civil Aviation Act 1988, non-compliance with safety regulations can lead to civil penalties, including fines and imprisonment. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft. The severity of these penalties underscores the importance of adhering to airworthiness directives to maintain the high safety standards required in the aviation industry.