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 250/76 affecting Allison Turbine Engines 250 series. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/76. The cancellation will become effective on 2 July 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 Parliament of Australia, serves as the foundational legislation governing the safety and regulation of civil aviation within Australia. One of its key provisions is the authority for the Governor-General to make regulations under section 98, specifically to ensure the safety of air navigation. A pertinent aspect of these regulations is the issuance of airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, which is classified as a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003, is a critical tool for maintaining the continuing airworthiness of aircraft, in accordance with the requirements of the Convention on International Civil Aviation. This legislative framework ensures that the Civil Aviation Safety Authority (CASA) can mandate necessary safety measures to protect the public and uphold the safety standards mandated by international agreements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) which are crucial for ensuring the safety of air navigation. Specifically, 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 ADs are legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs serve as the primary mechanism for communicating continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. CASA, as Australia’s national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. In the case of Allison Turbine Engines 250 series, CASA has assessed and cancelled the AD/AL 250/76 due to the resolution of the unsafe condition, effective from 2 July 2009, without the need for a replacement AD. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5), is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901. This means that ADs carry the authority of law, and their issuance is in the interests of ensuring the safety of air navigation, as stipulated in section 98 of the Civil Aviation Act 1988.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by ADs include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. Furthermore, the State of Registry must adopt or develop requirements to maintain the airworthiness of individual aircraft. When CASA issues an Australian AD, it must ensure that the requirements align with the AD issued by the State of Design. For instance, CASA assessed and subsequently cancelled Australian AD/AL 250/76 concerning Allison Turbine Engines 250 series, as the unsafe condition it addressed no longer existed.
Breaches of ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in the aircraft being deemed unairworthy. Consequently, the aircraft owner or operator may face penalties, including fines and potential imprisonment. The exact penalties are not detailed in the provided text, but typically, they are severe enough to ensure adherence to air safety regulations. The seriousness of these consequences underscores the importance of complying with ADs to maintain the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.