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 United States FAA has issued ADs 59-18-01 and 60-07-01 affecting Allison 501 series engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/AL501/7, which will become effective on 3 August 2006.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 regulations governing the safety of air navigation within Australia, as well as ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. This Act provides the authority for the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, which are designed to maintain the safety and airworthiness of aircraft operating in Australia. The issuance of these ADs, as demonstrated in the case of AD/AL501/7, is a direct response to the obligations and standards set by the Convention, ensuring that Australian aircraft meet both national and international safety requirements. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their importance in maintaining the integrity of air navigation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve to ensure the continuing airworthiness of aircraft, in accordance with international obligations under the Convention on International Civil Aviation, and require the State of Registry to implement necessary measures. CASA issues Australian ADs when the State of Design issues corresponding ADs for aircraft types registered in Australia, ensuring compliance with international standards. This process does not involve public consultation or a Regulatory Impact Statement as mandated by the Office of Regulatory Review. The ADs are issued by CASA on behalf of the Commonwealth, reflecting Australia's commitment to international safety standards and domestic regulatory responsibilities.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. This broad authority enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, apply to specific types of aircraft or aeronautical products.
Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. When a State of Design issues an AD, the State of Registry must either develop or adopt the corresponding requirements. In Australia, CASA, as the national airworthiness authority, assesses the ADs issued by the State of Design and may issue its own ADs, as seen in the case of AD/AL501/7, which became effective on 3 August 2006, in response to ADs 59-18-01 and 60-07-01 issued by the United States FAA for the Allison 501 series engines.
The obligations imposed on the parties governed by the Act and its regulations are substantial. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must implement these requirements for individual aircraft. CASA, as the national airworthiness authority, has the responsibility to assess foreign ADs and issue Australian ADs as necessary. For example, CASA's assessment of the FAA's ADs led to the issuance of AD/AL501/7, which mandates specific actions to be taken regarding the Allison 501 series engines.
Breaching the requirements of an AD can result in severe consequences. Non-compliance with an AD may lead to civil or criminal penalties. While specific penalties are not detailed in the provided text, generally, the Civil Aviation Act 1988 and related regulations can impose substantial fines and imprisonment for serious breaches. These penalties serve to enforce the safety standards set forth in the ADs and ensure that all parties adhere to the regulations aimed at maintaining the safety of air navigation.