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 250/2 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/2. 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 was enacted to establish a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed rules for air safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. This regulation is designed to maintain the continuing airworthiness of aircraft, in accordance with the obligations under the Convention on International Civil Aviation. The ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. CASA issued and subsequently cancelled Australian AD/AL 250/2, which affected Allison Turbine Engines 250 series, due to the resolution of the unsafe condition. The cancellation of the AD reflects Australia's commitment to international standards and ensures that the continuing airworthiness of aircraft is maintained without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for ensuring the safety of air navigation and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This legislative framework ensures that any unsafe conditions identified in aircraft are promptly addressed, thereby maintaining high safety standards in Australia’s aviation sector. Notably, the ADs are considered disallowable instruments and legislative instruments under Australian law, subject to the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs apply to specific types of aircraft or aeronautical products, and they are a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Such directives are crucial in ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of maintaining airworthiness on the State of Design and the State of Registry. In the case of Australia, CASA, as the national airworthiness authority, must assess ADs issued by other countries and may issue Australian ADs accordingly.
Under these regulations, CASA has the authority to issue and subsequently cancel ADs, as seen with AD/AL 250/2 concerning Allison Turbine Engines 250 series. The cancellation of AD/AL 250/2 was made effective on 4 June 2009, due to the resolution of the unsafe condition identified previously. Importantly, since the cancellation is tied to international obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Manager Systems and New Technologies within CASA’s Airworthiness Engineering Group, in line with subsection 84A(2) of the Civil Aviation Act 1988.
The obligations under the Civil Aviation Safety Regulations 1998 include CASA’s responsibility to assess foreign ADs and determine if Australian ADs are necessary. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which involves rigorous compliance with international standards set by ICAO. CASA’s role includes continuous monitoring and enforcement of these standards to ensure safety and compliance.
Failure to comply with ADs can result in severe consequences, including fines and imprisonment. The Civil Aviation Act 1988 outlines potential penalties for non-compliance, which can be significant given the critical nature of air safety. Additionally, violations of ADs may result in the grounding of aircraft, further emphasizing the importance of adherence to these directives. The maximum penalties and specific legal consequences depend on the nature and severity of the non-compliance, reflecting the high stakes involved in aviation safety.