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/AL 250/13 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/13. The cancellation will become effective on 2 July 2009. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. It grants the Governor-General the authority to issue regulations, which are intended to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby establishing a regulatory framework that is compliant with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. This legislation underscores Australia's commitment to maintaining the highest standards of aviation safety and continuing airworthiness, ensuring that both the State of Design and the State of Registry play their respective roles in upholding these standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework ensures the ongoing safety and airworthiness of aircraft in Australia, aligning with both domestic and international standards. The authority to issue these directives is vested in CASA, which acts as Australia's national airworthiness authority, ensuring compliance with obligations under the Convention on International Civil Aviation. The application of these regulations extends to all aircraft and aeronautical products registered in Australia, with CASA required to assess and potentially issue Australian ADs in response to directives from the State of Design. Notably, the issuance and cancellation of such directives, such as the recent cancellation of AD/AL 250/13 affecting Allison Turbine Engines 250 series, are conducted without public consultation or regulatory impact assessment as mandated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This streamlined process ensures timely and efficient responses to airworthiness issues while maintaining rigorous safety standards.
Key Provisions
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to establish regulations intended to enhance the safety of air navigation. 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 ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. ADs play a crucial role in maintaining the continuing airworthiness of aircraft, a responsibility that lies primarily with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must ensure compliance with these directives to maintain safety standards.
Under the Civil Aviation Act 1988 and its associated regulations, CASA is mandated to assess any airworthiness directives issued by the State of Design, particularly when these directives pertain to aircraft registered in Australia. This obligation ensures that Australian aircraft meet international safety standards and are fit for operation. The State of Registry must establish or adopt specific requirements to ensure the ongoing airworthiness of aircraft within its jurisdiction. This includes evaluating and implementing ADs issued by other states to maintain safety and compliance with international conventions.
Failure to comply with the provisions of ADs or the regulations set forth by CASA can result in significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the specific penalties for non-compliance with ADs; however, general aviation regulations include provisions for fines and imprisonment for serious violations. The exact penalties would depend on the specific nature of the breach and the severity of the resulting safety risk. Ensuring adherence to ADs is critical to maintaining the safety and airworthiness of aircraft in Australia.
The cancellation of Australian AD/AL 250/13, issued by CASA, highlights the dynamic nature of airworthiness directives. This cancellation, effective from 2 July 2009, was made in accordance with Australia's obligations under the Convention on International Civil Aviation and was not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This decision underscores the importance of international cooperation in aviation safety and the role of CASA in ensuring that Australian aircraft meet global safety standards. The cancellation was executed by the Manager Systems and New Technologies, within the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.