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 250/3 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/3. 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 Australian Parliament, was established to regulate civil aviation and ensure the safety of air navigation across Australia. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft and aeronautical products. These ADs, as legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft, adhering to the standards set out in Annex 8 to the Convention on International Civil Aviation. The authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can mandate necessary requirements to uphold the safety standards required by international conventions and domestic regulations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, which are critical for maintaining the safety of aircraft and aeronautical products. Under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue these directives to ensure compliance with safety standards for specified types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are made in accordance with the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft and aeronautical products registered in Australia, and CASA must ensure their alignment with international standards as set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type. This legislative process ensures that the continuing airworthiness of aircraft is effectively managed by both the State of Design and the State of Registry, with CASA playing a pivotal role in issuing and enforcing these directives within Australia.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, provide a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for air safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and regulations on parties such as CASA and the State of Registry include ensuring the continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate this information and issue an Australian AD if it deems necessary to mandate the requirements of the State of Design. For instance, when CASA assessed the AD/AL 250/3 affecting Allison Turbine Engines 250 series, it ultimately decided to cancel the directive, effective from 4 June 2009, because the unsafe condition it addressed no longer existed.
The Civil Aviation Safety Regulations 1998 also detail the process by which ADs are issued and managed. For example, regulation 39.001(5) clarifies that an AD is a legislative instrument. Furthermore, the Act provides CASA with the authority to issue ADs under subsection 84A(2), and in this instance, the AD/AL 250/3 was cancelled by the Manager Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA. It is also worth noting that due to Australia's obligations under the Convention on International Civil Aviation, no public consultation was necessary for this AD cancellation, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement.
In terms of consequences for non-compliance, while the specific regulations do not outline detailed penalties for breach, the overarching Act and associated regulations provide a framework within which CASA can enforce compliance. The cancellation of an AD such as AD/AL 250/3 indicates that the unsafe condition no longer warrants regulatory action, but any non-compliance with mandated ADs could potentially result in safety risks, leading to enforcement actions by CASA. This includes the possibility of imposing fines or other regulatory sanctions against operators who fail to adhere to AD requirements.