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 250/18 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/18. The cancellation will become effective on 4 June 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation and ensure the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations that support the Act's objectives, including the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in line with Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, has the duty to assess and, if necessary, issue Australian airworthiness directives to enforce the requirements set by the State of Design. This legislative framework ensures that Australia meets its international obligations while safeguarding the safety of civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued and managed in Australia, specifically through regulation 39.001. These regulations apply to all kinds of aircraft and aeronautical products, and are enforceable by the Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. The issuance and cancellation of ADs are integral to ensuring the continuing airworthiness of aircraft, with CASA responsible for assessing and implementing ADs issued by States of Design as well as developing or adopting its own requirements to meet these obligations. The application of ADs is extensive, covering all entities and individuals involved in the operation, maintenance, and oversight of aircraft within Australia. The geographic reach of these regulations is national, as they apply across all states and territories of Australia, adhering to international standards set forth by the International Civil Aviation Organization (ICAO). While ADs are legislative instruments, they are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the specific obligations under the Convention on International Civil Aviation. The ADs are formulated and implemented by CASA, ensuring that Australian aviation standards remain aligned with international safety and airworthiness requirements.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001. An AD is a legislative instrument that mandates specific actions to ensure the continuing airworthiness of certain types of aircraft or aeronautical products. This legislative instrument is considered disallowable under section 46A of the Acts Interpretation Act 1901 and must adhere to the Legislative Instruments Act 2003. The authority to issue such directives stems from the State of Design’s responsibility under Annex 8 of the Convention on International Civil Aviation, which necessitates the provision of necessary information to maintain airworthiness. The State of Registry, in this case, CASA as Australia’s national airworthiness authority, plays a crucial role in assessing and potentially issuing an Australian AD when an AD is issued by the State of Design.
The obligations imposed by these regulations require the State of Design to issue ADs to maintain the airworthiness of aircraft types. CASA must then evaluate the information provided in these ADs and determine if an Australian AD is necessary to enforce the requirements. This process ensures that Australian aircraft meet the safety standards set by international agreements. The State of Registry is also tasked with developing or adopting requirements to ensure that individual aircraft maintain their airworthiness, aligning with the overarching responsibilities outlined in Annex 8.
Failure to comply with the ADs can lead to significant consequences. For instance, CASA issued an AD/AL 250/18 affecting Allison Turbine Engines 250 series, which was subsequently cancelled due to the resolution of the unsafe condition. The cancellation became effective on 4 June 2009, and no replacement AD was required as the unsafe condition no longer existed. The cancellation of such directives is based on Australia’s obligations under the Convention on International Civil Aviation, and it is worth noting that no public consultation was conducted on this cancellation as it was determined that ADs do not require a Regulatory Impact Statement. The issuance of ADs and their cancellation is governed by the authority of the Manager Systems and New Technologies within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act.
The implications of breaching the provisions of these ADs can be severe, as they are designed to uphold the highest safety standards in aviation. Non-compliance with an AD could result in the grounding of aircraft, fines, or other regulatory actions taken by CASA. These penalties serve to reinforce the importance of adhering to airworthiness directives to ensure the safety of air navigation and the public.