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 95/27 Amendment 1 affecting Beechcraft 95, B95, B95A, D95A and E95 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 95/27 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, 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 to ensure the safety of air navigation, empowers the Governor-General to create regulations as needed for the Act’s purposes, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific aircraft or aeronautical products. These directives are legislative instruments and serve as the primary means of continuing airworthiness information, issued by most ICAO Contracting States. The State of Design has the overall responsibility for an aircraft type's continuing airworthiness and must provide necessary information to the States of Registry. CASA, acting as Australia's national airworthiness authority, must assess such information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
In line with Australia's obligations under the Convention on International Civil Aviation, CASA has cancelled Australian AD/BEECH 95/27 Amendment 1 affecting certain Beechcraft model aircraft, effective 31 July 2008. This cancellation is due to the resolution of the unsafe condition, and no replacement AD is necessary. The AD cancellation did not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products meet safety standards. 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 ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a means of ensuring the continuing airworthiness of aircraft, in line with obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the required safety measures. The cancellation of AD/BEECH 95/27 Amendment 1, affecting specific Beechcraft models, exemplifies this process, reflecting Australia's adherence to international civil aviation standards and obligations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The ADs serve as legislative instruments under section 6 of the Legislative Instruments Act 2003 and are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations primarily rest on CASA, as the national airworthiness authority, to ensure the continuing airworthiness of aircraft registered in Australia. This involves assessing and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must develop or adopt requirements to maintain the airworthiness of individual aircraft. This includes ensuring compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
In the specific case of AD/BEECH 95/27 Amendment 1, CASA assessed the original AD affecting Beechcraft 95, B95, B95A, D95A, and E95 model aircraft and determined that it should be cancelled. This decision was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was deemed necessary. The cancellation of the AD became effective on 31 July 2008, as the unsafe condition identified in the original directive no longer existed. Consequently, no replacement AD is required.
Failure to comply with ADs can result in various civil and criminal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, under the broader scope of the Civil Aviation Act 1988, penalties for breaches related to airworthiness can include fines and imprisonment. The exact penalties would depend on the nature and severity of the breach. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft or imposing operational restrictions, to ensure compliance with safety regulations.