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 95/22 affecting Beechcraft 95, B95, B95A, D95A and E95 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 95/22. 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 Commonwealth Parliament, is fundamental to regulating civil aviation in Australia. This legislation was introduced to address the need for a robust legal framework to ensure the safety and efficiency of civil aviation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. This legislative measure responds to the overarching international responsibility of the State of Design to provide information necessary for the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of the State of Registry, issues these directives to mandate the requirements of the State of Design, ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, aligning with the regulatory framework established under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce continuing airworthiness requirements. The scope of these regulations encompasses all aircraft registered in Australia, with the State of Registry being responsible for the ongoing compliance with airworthiness standards. Notably, the authority to issue ADs extends to the Manager, Airframe and Structures, within CASA’s Airworthiness Engineering Branch, as outlined in subsection 84A(2) of the Act. This legislative mechanism ensures that the safety and compliance standards are consistently maintained across the aviation industry within Australia, with any exemptions or cancellations of ADs being subject to rigorous assessment and international obligations.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to address safety issues and are essential for maintaining the airworthiness of aircraft. The ADs are considered legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance.
Under the obligations outlined in Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to the States of Registry to help maintain the airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information provided by the State of Design and, if appropriate, issuing Australian ADs to enforce these requirements. The State of Registry is also obligated to develop or adopt requirements that ensure the continuing airworthiness of aircraft within its jurisdiction.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text regarding the issuance or compliance with ADs. However, failure to comply with ADs could potentially lead to enforcement actions by CASA, such as grounding the aircraft or imposing fines. While the text does not detail specific penalties, it is implied that non-compliance could result in serious safety risks and legal repercussions. The regulatory framework underscores the importance of adhering to ADs to maintain the highest safety standards in civil aviation.