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 Federal Aviation Administration (FAA) has issued AD 2004-24-03 affecting Hamilton Sundstrand Power Systems Auxiliary Power Units (APU) Models T-62T-46C12 and T-62T-40C14. USA is the State of Design for these APUs. CASA has assessed this AD and has issued Australian AD/APU/18, which will become effective on 17 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, enacted by the Commonwealth Parliament, establishes a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the specific processes and requirements for airworthiness directives. These directives are critical in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8. The Act ensures that Australia’s national airworthiness authority, CASA, has the authority to issue and enforce such directives in response to both domestic and international safety concerns, thereby addressing potential gaps in aircraft maintenance and safety standards.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, such as the Hamilton Sundstrand Power Systems Auxiliary Power Units (APU) Models T-62T-46C12 and T-62T-40C14. This legislative provision applies to all aircraft registered in Australia, including commercial and private entities operating such aircraft within the Commonwealth. The ADs serve to mandate safety requirements and ensure compliance with the continuing airworthiness of aircraft types, as outlined under Annex 8 of the Convention on International Civil Aviation. The scope of these directives extends to the State of Registry of each aircraft, which in this case is Australia, and CASA acts as the national airworthiness authority responsible for issuing Australian ADs in response to directives from the State of Design. Notably, the issuance of these directives does not require public consultation due to their alignment with international safety standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly as they relate to the issuance of airworthiness directives (ADs), are outlined in sections 98 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are crucial in ensuring that aircraft remain airworthy over time, adhering to safety standards set by the State of Design and the State of Registry.
The obligations imposed by the Act on parties or entities it governs are primarily centred around compliance with ADs. For instance, the State of Design, such as the Federal Aviation Administration (FAA) in the case of the APUs mentioned, has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types. In turn, the State of Registry, represented by CASA in Australia, must assess this information and, if necessary, issue corresponding ADs to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the required safety standards.
Failure to comply with the ADs can lead to various civil and criminal consequences. While specific penalties are not detailed in the provided text, the general framework of the Civil Aviation Act 1988 includes provisions for enforcement actions, which could range from fines to more severe penalties depending on the nature and severity of the breach. The Act also allows for the disallowance of ADs, meaning they can be challenged and potentially overturned if found to be unlawful or not in the public interest. The consequences for non-compliance can be significant, affecting the operational status and legal standing of the aircraft involved.