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. 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 Federal Aviation Agency of the United Sates of America issued FAA AD 2004-26-09 Amdt 39-13921, affecting Allison 250 engines, in 2004. The USA is the State of Design for the Allison 250 types. As a result of a request from industry, CASA has amended the equivalent Australian AD to remove the anomaly concerning hours that may be flown on couplings with unknown flight hours time in service, and to clarify the applicability statement. The amended AD, AD/AL 250/86 Amdt 2, will become effective on 9 June 2005. This AD cancels and replaces the previous issue.
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 by the Commonwealth Parliament to provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for these purposes, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. This legislative framework is essential in aligning Australia’s aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation. The Act’s overarching policy objective is to safeguard the safety of air navigation, ensuring that all civil aviation activities within Australia comply with stringent safety and operational standards.
Scope and Application
The Civil Aviation Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, empower the issuance of airworthiness directives (ADs) to ensure the continuing safety of aircraft registered in Australia. These directives are legislative instruments made by the Civil Aviation Safety Authority (CASA) to mandate specific requirements for the maintenance, repair, and replacement of aircraft components or systems, in response to identified safety issues. ADs apply to aircraft operators, maintenance organisations, and other entities involved in the operation and maintenance of aircraft registered in Australia. They extend across the Commonwealth jurisdiction, aligning with Australia's obligations under international aviation agreements, particularly Annex 8 to the Convention on International Civil Aviation. This necessitates that CASA, as Australia's national airworthiness authority, assess and adopt ADs issued by the State of Design of the aircraft types in question. The ADs do not require public consultation or a Regulatory Impact Statement as they are a direct response to international safety directives and obligations. The scope of these regulations is broad, covering all aircraft types registered in Australia, but specific ADs may target particular aircraft models or systems based on identified safety issues.
Key Provisions
The main operative sections of this legislation focus on the issuance and enforcement of airworthiness directives (ADs) for aircraft and aeronautical products, as stipulated in section 98 of the Civil Aviation Act 1988 (1) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (2). These directives, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901 (3), are designed to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation (4). The Civil Aviation Safety Regulations 1998 (5) empower the Civil Aviation Safety Authority (CASA) to issue such directives, which are critical for maintaining safety standards and compliance with international obligations.
The obligations imposed by this legislation on the parties involved are multifaceted. CASA, as Australia's national airworthiness authority, must assess and adopt ADs issued by the State of Design, which in this context is the United States Federal Aviation Administration (FAA) for the Allison 250 engine types (6). The State of Registry, which in this case is Australia, is mandated to ensure the continuing airworthiness of aircraft registered within its territory (7). This includes implementing ADs issued by CASA and ensuring that aircraft meet all specified safety standards (8). Furthermore, the State of Design must provide any necessary information to support the airworthiness of aircraft types, and the State of Registry must develop or adopt requirements to enforce these standards (9).
Any breach of the provisions within this legislation could result in serious civil and criminal consequences. Offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may incur penalties as specified by the respective sections of the Act (10). The maximum penalties for non-compliance can include substantial fines and potential imprisonment, depending on the severity of the breach and the specific regulatory provisions violated (11). Additionally, CASA has the authority to take enforcement actions such as grounding aircraft, imposing operational restrictions, or revoking airworthiness certificates if safety standards are not met (12). These measures underscore the importance of adhering to the ADs to ensure the safety of air navigation (13).