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 250/6 Amendment 1 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/6 Amendment 1. 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 Commonwealth Parliament, addresses the need for comprehensive regulation of civil aviation in Australia to ensure safety and efficiency. The Act provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to maintain the safety of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for airworthiness directives, ensuring that Australian standards align with international obligations under the Convention on International Civil Aviation. The policy objective of this legislation is to uphold the highest standards of aviation safety through rigorous oversight and adherence to international best practices. This approach ensures that the risks associated with civil aviation are minimised, protecting both the public and the industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the safety and airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. ADs are essential tools used by the State of Design to communicate necessary information to States of Registry, including Australia, to ensure that aircraft remain airworthy. CASA, as the national airworthiness authority, evaluates these directives and, where necessary, issues corresponding Australian ADs to enforce compliance with the safety requirements specified by the State of Design. The scope of these directives applies to all entities involved in the design, manufacture, and operation of aircraft within Australia, ensuring that safety standards are uniformly upheld across the aviation industry. The legislative process for issuing and cancelling ADs, including AD/AL 250/6 Amendment 1 concerning Allison Turbine Engines 250 series, reflects CASA's commitment to maintaining high safety standards and responding promptly to any safety concerns identified through international cooperation and regulatory obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are formal mechanisms through which CASA can mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. Regulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus constitute legislative instruments under the Legislative Instruments Act 2003. This means that ADs have the force of law and must be issued in accordance with legislative requirements and procedures.
The obligations imposed by these regulations primarily rest on CASA as the national airworthiness authority. CASA must evaluate the airworthiness directives issued by the State of Design (the country where the aircraft type is designed) and determine whether they are applicable to aircraft registered in Australia. If deemed necessary, CASA must issue corresponding Australian ADs to mandate the same safety requirements. Additionally, the State of Registry of an individual aircraft is required to ensure the continuing airworthiness of that aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. This includes adopting and enforcing any ADs issued by CASA.
Failure to comply with an AD can result in serious consequences. Non-compliance may render an aircraft unairworthy, which could lead to operational restrictions or prohibitions by CASA. Furthermore, such non-compliance can attract penalties under the Civil Aviation Act 1988, which may include substantial fines. For instance, under section 90 of the Act, CASA can impose fines up to 10,000 penalty units (currently AUD 1.7 million) for non-compliance with an AD. Additionally, operators may face criminal charges if they knowingly contravene the requirements of an AD, which could result in imprisonment for up to two years.
In summary, ADs play a crucial role in ensuring the safety and airworthiness of aircraft in Australia. CASA has the authority to issue these directives under the Civil Aviation Safety Regulations 1998, and both CASA and the State of Registry are obligated to enforce them. Non-compliance with these directives can lead to severe penalties, including substantial fines and imprisonment, underscoring the importance of adhering to these safety mandates.