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 250/30 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/30. 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 provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act allows for the creation of regulations that facilitate the safe operation of aircraft, and under section 98, the Governor-General can make such regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft as mandated by international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure compliance with these directives when they are issued by the State of Design. The cancellation of a particular AD, such as AD/AL 250/30 affecting Allison Turbine Engines 250 series, was enacted in accordance with Australia’s obligations under the Convention and does not require public consultation or a Regulatory Impact Statement. This cancellation reflects the resolution of the unsafe condition identified, and no replacement AD is necessary.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in Australia. These directives are issued under the authority granted by section 98 of the Act, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering CASA to issue ADs for particular kinds of aircraft or aeronautical products. As legislative instruments, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs are a key component of continuing airworthiness, as per Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for ensuring the continuing airworthiness of aircraft types and providing necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This regulatory framework ensures that the safety standards and compliance measures are consistently applied across the Australian aviation sector.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (section 39.001(5)). These ADs are legislative instruments that serve to ensure the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design, which holds overall responsibility for the airworthiness of an aircraft type, issues these directives, and it is CASA's duty to assess this information and, if necessary, issue corresponding Australian ADs.
In terms of obligations, the Civil Aviation Safety Regulations impose on CASA the duty to review and assess any ADs issued by the State of Design for types of aircraft on the Australian Register. This assessment is crucial to ensure that CASA can mandate the necessary requirements to maintain the aircraft's airworthiness. Furthermore, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of that aircraft, aligning with the obligations set out in Annex 8.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching these ADs within the legislative text provided. However, non-compliance with ADs can potentially lead to significant safety risks, which could result in civil or criminal liability under other provisions of the Civil Aviation Act 1988 and related regulations. CASA’s authority to issue these directives and the subsequent responsibilities placed on aircraft operators and registries underscore the importance of adhering to these safety measures to maintain the integrity and safety of air navigation.