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 AD 2009-08-07 affecting Honeywell ALF 502 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ALF/21, which will become effective on 4 June 2009.
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, 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 Australian Parliament, is designed to regulate civil aviation safety, ensuring the protection of life and property in the air, on the ground, and in the water. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are critical instruments that mandate necessary actions to maintain the continuing airworthiness of aircraft and aeronautical products. In accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility of continuing airworthiness on the State of Design, CASA acts as Australia’s national airworthiness authority by assessing and, when necessary, issuing Australian ADs in response to directives from the relevant State of Design. This legislative framework ensures that Australian aviation standards align with international safety protocols, thereby addressing any identified safety issues promptly and effectively.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish a framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to enact regulations that contribute to the safety of air navigation, while the Regulations specifically provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs is guided by international standards set forth in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design (in this case, the United States for certain Honeywell engines) has the primary responsibility for ensuring the ongoing airworthiness of an aircraft type. Consequently, CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This legislative and regulatory framework underscores Australia's commitment to international aviation safety standards, ensuring that all aircraft registered in Australia meet stringent airworthiness criteria.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are issued to ensure the continued safety and airworthiness of specific types of aircraft or aeronautical products. Importantly, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that while ADs carry the force of law, they can be disallowed by Parliament and must be registered on the Federal Register of Legislative Instruments.
The obligations imposed by these ADs are significant. The State of Design, which in this case is the United States for the Honeywell ALF 502 series engines, has the responsibility to provide continuing airworthiness information. CASA, as Australia’s national airworthiness authority, must review this information and, if necessary, issue an Australian AD to ensure compliance with the State of Design's requirements. Additionally, the State of Registry, which is Australia in this context, is mandated to develop or adopt requirements that ensure the continuing airworthiness of the aircraft within its jurisdiction. These requirements include the implementation of the ADs issued by CASA, ensuring that any identified safety issues are addressed promptly and effectively.
Failing to comply with an AD can have serious legal and safety consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. The maximum civil penalty for non-compliance is $20,200 per offence, and the maximum criminal penalty is $101,000 per offence. Such penalties underscore the importance of adhering to ADs to maintain the highest standards of aviation safety. Moreover, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can lead to significant operational disruptions and financial penalties for operators.
The process for issuing ADs is stringent and ensures that safety is the paramount concern. For instance, the AD 2009-08-07 issued by the United States FAA for the Honeywell ALF 502 series engines was assessed by CASA, which subsequently issued Australian AD/ALF/21. This AD was effective from 4 June 2009. Given that these ADs are issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to ADs raised by the relevant State of Design, there was no requirement for public consultation. Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement. The AD was 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. This structured and authoritative approach ensures that ADs are issued efficiently and effectively, maintaining the integrity and safety of Australia’s aviation industry.