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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/CF34/13 Amdt 1 affecting General Electric CF34 series turbine engines. The United States FAA issued AD 2009-26-09 on 7 January 2010 which supersedes the requirements of AD/CF34/13 Amdt 1 and as such this AD has been cancelled. The United States is the state of design for these engines. The cancellation will become effective on 11 February 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. It grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards and the continuing airworthiness of aircraft. This legislative approach addresses the need for consistent and enforceable safety measures in the aviation industry, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority involves assessing and implementing ADs issued by states of design, ensuring that Australian aircraft meet international safety standards. This regulatory mechanism helps maintain the high safety standards required for civil aviation, ultimately protecting public safety and supporting the efficient operation of the aviation industry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Act, 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 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design for the aircraft type and the State of Registry for individual aircraft. In the case of General Electric CF34 series turbine engines, CASA issued AD/CF34/13 Amdt 1, which has since been superseded by the United States Federal Aviation Administration's AD 2009-26-09, leading to the cancellation of the former AD effective from 11 February 2010. The AD was made by the Manager, Continuing Airworthiness in CASA's Airworthiness and Engineering Branch, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular aircraft or aeronautical products. These ADs serve as essential tools for maintaining the continuing airworthiness of aircraft types, ensuring they meet safety standards set by their State of Design and the regulatory requirements of their State of Registry.
Compliance with these directives is crucial for entities governed by the Civil Aviation Act 1988. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs that align with directives issued by the aircraft's State of Design. The State of Design, typically the country where the aircraft is manufactured, has the primary responsibility for providing necessary information to ensure the continuing airworthiness of the aircraft type. Similarly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes ensuring that all ADs issued by the State of Design are properly assessed and implemented.
Failure to comply with ADs can lead to significant consequences. Civil Aviation Safety Regulations do not explicitly outline specific offences or penalties for non-compliance with ADs; however, non-compliance can result in severe safety risks, potentially leading to accidents or incidents. Such risks can invoke legal action under the Civil Aviation Act 1988, and may result in civil or criminal liability for the non-compliant parties, including fines and imprisonment. It is imperative for operators and other stakeholders to adhere to these directives to maintain the safety and airworthiness of aircraft.
Additionally, ADs are legislative instruments and must adhere to the requirements set forth in the Legislative Instruments Act 2003. The issuance of ADs, including the cancellation of previous directives, is subject to rigorous regulatory processes to ensure that all safety standards are upheld. For instance, CASA issued AD/CF34/13 Amdt 1 affecting General Electric CF34 series turbine engines, but this was subsequently cancelled by the United States Federal Aviation Administration (FAA) with AD 2009-26-09, which became effective on 11 February 2010. Such changes necessitate prompt action by CASA to ensure that Australian aviation standards remain consistent with international safety protocols.