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/ATF3/3 affecting AlliedSignal (Garrett/Airesearch) turbine engines ATF3 series. CASA has assessed this AD and as a result has cancelled Australian AD/ATF3/3. The cancellation will become effective on 30 July 2009. 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were established to mandate the standards for airworthiness and safety. The Act empowers the Governor-General to make regulations that support the objectives of the Act, particularly concerning the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs serve as legislative instruments, enabling CASA to address and mandate necessary safety measures to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the regulation and safety of civil aviation in Australia, providing the legal framework for issuing airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are a mechanism for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing foreign ADs and issuing Australian ADs as needed, ensuring compliance with international standards. The ADs apply to aircraft and aeronautical products registered in Australia, and their issuance or cancellation is subject to CASA's assessment of safety requirements and international obligations.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the regulatory framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that support the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulation also specifies that ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to provide continuing airworthiness information to the States of Registry. Annex 8 of the Convention on International Civil Aviation mandates that the State of Design must ensure the ongoing airworthiness of aircraft types and provide necessary information to States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must evaluate any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
Failing to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The Act stipulates various penalties, including substantial fines and potential imprisonment, for those who contravene an AD. The exact penalties can vary depending on the severity of the breach and the discretion of the court. Furthermore, non-compliance with an AD can lead to the grounding of an aircraft, which can have severe operational and financial repercussions for the aircraft operator.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing and enforcing airworthiness directives. These regulations impose specific obligations on both the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft. Any failure to comply with these directives can result in severe legal and operational consequences.