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 250/50 Amendment 1 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/50 Amendment 1. The cancellation will become effective on 04 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the national airspace. Under this Act, the Civil Aviation Safety Authority (CASA) was established as the national airworthiness authority responsible for enforcing regulations designed to maintain the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empower CASA to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. These ADs are legislative instruments that mandate compliance with specific safety requirements for particular types of aircraft or aeronautical products. The enactment of these regulations addresses the need for a robust framework to manage the safety standards of civil aviation in Australia, aligning with international obligations under the Convention on International Civil Aviation. The policy objective is to safeguard the safety of air navigation through effective and timely regulatory measures.
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 certain types of aircraft or aeronautical products. This is done to ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are issued in line with Annex 8 to the Convention on International Civil Aviation, where the State of Design has a responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. This legislation applies to entities and individuals involved in the design, manufacture, registration, and operation of aircraft within Australia, and extends to all aircraft registered in Australia, thereby encompassing national and international scope.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. Importantly, the State of Design of an aircraft type bears the responsibility for its continuing airworthiness and must provide necessary information to ensure safety, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry of an aircraft is also tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting appropriate requirements to meet this obligation.
The obligations imposed by these provisions include the responsibility of CASA to assess any ADs issued by the State of Design, particularly those relevant to aircraft registered in Australia. If CASA determines that an AD is necessary, they must issue a corresponding Australian AD to mandate the required safety measures. For example, CASA assessed and subsequently cancelled Australian AD/AL 250/50 Amendment 1 concerning Allison Turbine Engines 250 series, effective from 04 June 2009. This action was taken because the unsafe condition addressed by the AD no longer existed, and no replacement AD was deemed necessary. The process of issuing and cancelling ADs is governed by Australia's obligations under the Convention on International Civil Aviation, and as such, consultation with the Australian public is not required in these circumstances.
Failure to comply with an AD can result in significant legal consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA can enforce compliance with ADs, and non-compliance can lead to civil and criminal penalties. The specific penalties depend on the nature and severity of the breach, with potential civil penalties including fines and criminal penalties potentially involving imprisonment. The exact maximum penalties are not detailed in the provided text, but the potential consequences underscore the importance of adhering to ADs to ensure the safety of air navigation. The ADs are managed by CASA within the Airworthiness Engineering Group, and the AD cancellation process is overseen in accordance with the legislative framework established by the Civil Aviation Act and Regulations.