CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 US FAA has issued AD 2004-26-09 affecting Rolls Royce Corporation 250-B and 250-C series turboshaft engines. The US is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AL 250/86 Amendment 1, which will become effective on 22 March 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to create regulations, including airworthiness directives, for the safety of air navigation, as per section 98. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives are issued under the authority granted by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with the primary responsibility for ensuring the continuing airworthiness of an aircraft type and necessitates the dissemination of any necessary information to the States of Registry. The Civil Aviation Act 1988 was enacted by the Australian Parliament, with the policy objective of ensuring the highest standards of safety in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as amended, authorises the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives apply to specific kinds of aircraft or aeronautical products and are issued by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. The legislation mandates that CASA must assess and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design of the aircraft type. This process is driven by Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design with the overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when the United States Federal Aviation Administration (FAA) issues an AD for Rolls Royce Corporation 250-B and 250-C series turboshaft engines, CASA evaluates this information and issues corresponding Australian ADs to ensure compliance with international standards. The ADs are legally enforceable instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Importantly, the issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Act allows the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives are critical in ensuring that aircraft and aeronautical products maintain their airworthiness standards, in line with the requirements of Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations primarily rest on CASA, which must assess the information provided by the State of Design and, if necessary, issue corresponding ADs for aircraft on the Australian Register. For example, when the United States Federal Aviation Administration (FAA) issued AD 2004-26-09 concerning Rolls Royce Corporation 250-B and 250-C series turboshaft engines, CASA reviewed this directive and subsequently issued Australian AD/AL 250/86 Amendment 1. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained, reflecting the obligations Australia has under international civil aviation conventions.
Breaching the requirements of the ADs can lead to severe consequences. Firstly, it is an offence to operate an aircraft that does not comply with the ADs, which can result in significant civil or criminal penalties. Under the Civil Aviation Act, penalties for non-compliance can include fines and imprisonment. Specifically, for corporations, the maximum penalty can be substantial, reflecting the serious nature of compromising aviation safety. Ensuring compliance with ADs is thus a critical responsibility for aircraft operators and maintenance personnel.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 establish a clear framework for issuing and enforcing ADs, with CASA playing a pivotal role in ensuring the safety of aircraft on the Australian Register. The obligations are stringent, and non-compliance can lead to serious legal consequences, highlighting the importance of adhering to these directives.