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 250/33 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/33. 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, governs various aspects of civil aviation in Australia, including the safety of air navigation. One significant aspect of this legislation is the issuance of airworthiness directives (ADs), which are essential for maintaining the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives serve as a critical mechanism under Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design and the State of Registry collaborate to address any safety issues that may arise. The Civil Aviation Safety Authority, as Australia's national airworthiness authority, plays a pivotal role in assessing international ADs and issuing corresponding Australian ADs when necessary. The recent cancellation of Australian AD/AL 250/33 for Allison Turbine Engines 250 series, due to the resolution of an unsafe condition, exemplifies the dynamic nature of airworthiness management in accordance with international obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments that mandate compliance with continuing airworthiness requirements, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that Australian-registered aircraft comply with these requirements. The ADs are a practical means of communicating continuing airworthiness information to relevant stakeholders. In the case of Allison Turbine Engines 250 series, CASA has assessed and subsequently cancelled Australian AD/AL 250/33, effective from 4 June 2009, due to the resolution of the unsafe condition, thus no replacement AD is required. This cancellation reflects Australia's adherence to international obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The primary sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (39.001(1)). These ADs serve as regulatory instruments aimed at ensuring the ongoing airworthiness of aircraft, establishing specific requirements and procedures that must be followed by the parties involved (39.001(2)-(4)). Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties and entities they govern are multifaceted. Firstly, the State of Design is mandated to provide necessary information to ensure the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This includes issuing ADs to address any identified unsafe conditions. Similarly, the State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction (Annex 8). CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue corresponding ADs that mandate the requirements of the State of Design to the relevant Australian-registered aircraft (Annex 8; 39.001(2)-(4)). These obligations ensure a coordinated approach to maintaining the airworthiness of aircraft operating within Australia.
The Civil Aviation Safety Regulations 1998 also delineate the consequences for non-compliance with ADs. While the specific offences, penalties, or civil and criminal consequences for breaching an AD are not explicitly stated in the provided text, it is clear that failure to comply with an AD could result in significant regulatory and safety implications. Typically, non-compliance with ADs may lead to enforcement actions by CASA, which could include grounding the aircraft, fines, or other administrative penalties. In more severe cases, continued operation of an aircraft in violation of an AD may result in criminal charges under the Civil Aviation Act 1988 or related legislation, potentially leading to substantial fines and imprisonment. The exact penalties would depend on the specific circumstances and the severity of the non-compliance.
In summary, the Civil Aviation Safety Regulations 1998, through regulation 39.001, grant CASA the authority to issue ADs to ensure the ongoing airworthiness of aircraft. The obligations placed on the State of Design, State of Registry, and CASA revolve around providing and assessing necessary information to ensure compliance with airworthiness standards. While specific penalties for non-compliance are not detailed in the provided text, non-compliance with ADs could lead to significant regulatory and safety repercussions, including potential fines and criminal charges.