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 Civil Aviation Safety Authority or its predecessors issued AD/APU/3 affecting Garrett Auxiliary Power Unit (APU) models No GTCP36-4, -6, -16, -16A and -28. CASA has assessed this AD and as a result has cancelled Australian AD/APU/3. The cancellation will become effective on 18 December 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation 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 was enacted to establish the framework for the regulation of civil aviation safety in Australia. It empowers the Governor-General to create regulations that serve the interests of air navigation safety. As a part of this legislative framework, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed rules and standards for ensuring the safety of aircraft and aeronautical products, including the process for issuing airworthiness directives (ADs). ADs are critical tools used to mandate safety improvements or actions required to maintain the airworthiness of specific types of aircraft or aeronautical products, and are issued by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. These regulations ensure that Australia meets its obligations under international agreements, such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for the continuing airworthiness of aircraft. The policy objective is to ensure the safety and efficiency of air navigation, and the effective cancellation of ADs, such as AD/APU/3 affecting Garrett Auxiliary Power Unit models, reflects the dynamic nature of safety regulation and the commitment to maintaining high safety standards in the aviation industry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia. According to the Act and these Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs concerning specific types of aircraft or aeronautical products, ensuring compliance with safety standards. This regulation applies to all aircraft registered in Australia and entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers. ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. International obligations under the Convention on International Civil Aviation also influence the issuance and cancellation of ADs, as the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry enforces the relevant requirements. In this specific instance, CASA has cancelled Australian AD/APU/3 due to the resolution of the unsafe condition identified, and no further action is required as per the obligations under international conventions.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, pertain to the issuing of airworthiness directives (ADs) for aircraft and aeronautical products (section 39.001). Specifically, regulation 39.001(5) confirms that an AD is a disallowable instrument as per the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are essentially instructions to ensure the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation, particularly Annex 8.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess airworthiness directives issued by the State of Design, and, if necessary, issue corresponding Australian ADs to enforce the requirements of the originating State of Design. This obligation stems from the State of Registry’s responsibility for the continuing airworthiness of aircraft registered within its jurisdiction, as outlined in Annex 8 of the Convention. This means CASA must review international ADs to determine if they apply to aircraft on the Australian Register and then act accordingly by issuing or cancelling Australian ADs based on this assessment.
There are no specific obligations or requirements imposed on the parties or entities governed by these regulations that differ from the general mandate to ensure the airworthiness of aircraft. However, the State of Registry, in this case CASA, must ensure that any AD issued aligns with the international standards set by the Convention on International Civil Aviation. Failure to adhere to these international standards could result in the non-compliance of aircraft with safety regulations, thereby impacting air safety.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly list specific offences, penalties, or civil/criminal consequences for breaches related to the issuance or non-compliance with ADs. However, non-compliance with airworthiness directives can lead to significant consequences, including the potential grounding of aircraft, which can have severe financial and safety implications for operators and passengers. Additionally, CASA has the authority to take enforcement actions against non-compliant entities, which may include fines or other regulatory measures to ensure compliance with airworthiness standards.