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 2003-15-07 affecting Honeywell RE220 Auxiliary Power Units. The United States is the State of Design for these APUs. CASA has assessed this AD and has issued Australian AD/APU/21, which will become effective on 2 August 2007.
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 Acting 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 Australian Parliament, provides the framework for ensuring the safety of air navigation in Australia. One of its significant provisions allows the Governor-General to make regulations that serve the safety interests of air navigation. This legislative authority is particularly evident in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, where the Civil Aviation Safety Authority (CASA) is empowered to mandate specific requirements for the continuing airworthiness of aircraft and aeronautical products. This mechanism was introduced to address the need for standardised, internationally recognised protocols to maintain aircraft safety, ensuring compliance with international standards set by the Convention on International Civil Aviation. The policy objective behind these regulations is to safeguard public safety by maintaining high standards of airworthiness in alignment with global best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. This legislative instrument is designed to ensure the ongoing safety of air navigation in accordance with the Civil Aviation Act 1988. Such ADs are issued under the overarching responsibility of the State of Design, which must provide necessary information to maintain airworthiness as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to evaluate this information and, if deemed necessary, issue corresponding Australian ADs. These directives are applicable to all relevant aircraft registered in Australia and are integral to fulfilling Australia’s international obligations. Notably, the process for issuing these ADs does not require public consultation or a Regulatory Impact Statement, as they are governed by international standards and developed in response to directives from the respective State of Design.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. They are crucial for maintaining the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must ensure these ADs are appropriately assessed and, if necessary, translated into local mandates. This ensures compliance with international standards and practices, as seen in the example of AD 2003-15-07 issued by the United States Federal Aviation Administration (FAA) regarding Honeywell RE220 Auxiliary Power Units, which CASA has converted into Australian AD/APU/21.
The obligations imposed by these regulations on parties governed by them are significant. The State of Design, such as the United States in the case of the Honeywell RE220 APUs, must issue ADs to address any safety concerns with their aircraft designs. CASA, as Australia’s national airworthiness authority, must then evaluate these foreign ADs and decide whether to issue corresponding Australian ADs to ensure that all aircraft registered in Australia comply with necessary safety standards. This process ensures that aircraft continue to meet airworthiness standards internationally and domestically. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which involves rigorous assessment and potential implementation of ADs issued by other countries.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness directives can typically lead to severe civil and criminal penalties. These may include fines, suspension or revocation of airworthiness certificates, and even imprisonment in cases of serious breaches that result in accidents or endanger public safety. The seriousness of these potential consequences underscores the importance of adhering to the ADs issued by CASA and other national authorities to maintain the highest standards of aviation safety.