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 2005-23-11 affecting Hamilton Sundstrand T62 series Auxiliary Power Units (APU). The United States is the State of Design for these APU’s. CASA has assessed this AD and has issued Australian AD/APU/20, which will become effective on 16 March 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 was enacted to regulate civil aviation in Australia and to ensure the safety and efficiency of air navigation. The Act provides the framework for the establishment of the Civil Aviation Safety Authority (CASA) and outlines its functions and powers. One of the key mechanisms for ensuring safety in air navigation under this Act is the issuance of airworthiness directives (ADs), which are regulations made under section 98 of the Act. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures for issuing these directives, stipulating that CASA can issue ADs for specific types of aircraft or aeronautical products to maintain airworthiness. The ADs serve as legislative instruments, necessary for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. This Act and its regulations are crucial for addressing gaps in maintaining uniform safety standards across the aviation sector in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the ongoing safety of air navigation. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are primarily issued in response to the continuing airworthiness obligations of the State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, such as CASA for Australia, is then responsible for assessing and, if necessary, issuing corresponding ADs to enforce the design state's requirements. For instance, CASA issued AD/APU/20 in response to an AD from the United States regarding Hamilton Sundstrand T62 series Auxiliary Power Units (APU). Given that these directives arise from international obligations and are responses to directives from the State of Design, there is no requirement for public consultation, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is also a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must develop or adopt requirements to ensure the airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations are extensive. The State of Design is obligated to issue ADs to maintain the airworthiness of aircraft types, providing necessary information to States of Registry. States of Registry, such as Australia, must assess the ADs issued by the State of Design and, if appropriate, issue their own ADs to enforce the requirements. CASA, as Australia’s national airworthiness authority, has the responsibility of assessing foreign ADs and issuing Australian ADs when necessary. This process ensures that aircraft registered in Australia comply with the required airworthiness standards as determined by the relevant State of Design.
Breaches of the provisions under the Civil Aviation Safety Regulations 1998 can lead to significant legal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in serious ramifications. Civil and criminal penalties may be imposed for failure to adhere to ADs, as they are integral to maintaining the safety of air navigation. The specific penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or other sanctions as prescribed by relevant legislation. The seriousness of these potential penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.