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 250/55 Amendment 3 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/55 Amendment 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 was enacted to regulate civil aviation activities within Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, which include the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further outline the process by which the Civil Aviation Safety Authority (CASA) can issue these directives. The authority to issue ADs is grounded in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with the ongoing maintenance of individual aircraft. This legislative framework ensures that Australia aligns with international standards and effectively manages the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft. The ADs serve as a common method of conveying continuing airworthiness information among ICAO Contracting States. The ADs issued by CASA are applicable to all aircraft registered in Australia and are subject to international standards and practices as set forth in the Convention on International Civil Aviation. The scope of the ADs is limited to ensuring compliance with airworthiness requirements and does not extend to other areas of aviation safety that may be governed by different regulations. The issuance and cancellation of ADs, such as the cancellation of AD/AL 250/55 Amendment 3 for Allison Turbine Engines 250 series, are conducted in accordance with the specific legislative provisions and international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type as outlined in Annex 8 of the Convention on International Civil Aviation. If an AD is issued by a State of Design, CASA must review this information and, if deemed appropriate, issue an Australian AD to ensure compliance with the continuing airworthiness requirements. This process ensures that Australian aircraft meet international safety standards and that the State of Registry, in this case CASA, upholds its obligation to maintain the airworthiness of aircraft registered in Australia.
The obligations imposed on CASA include a thorough assessment of any AD issued by a State of Design, ensuring that any unsafe conditions identified are addressed appropriately. CASA must also communicate any necessary actions to aircraft operators and ensure that these directives are implemented in a timely and effective manner. Failure to comply with an AD can lead to serious safety risks and potential legal consequences for aircraft operators.
There are specific consequences for breaches of ADs under the Civil Aviation Act 1988. Section 18 of the Act outlines that it is an offence to operate an aircraft in a manner that contravenes a regulation, which includes ADs. The maximum penalty for such an offence is $150,000 for an individual and $750,000 for a body corporate. Additionally, CASA has the authority to take enforcement actions, including grounding the aircraft, imposing fines, or pursuing other legal remedies to ensure compliance with airworthiness standards. These measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.