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 issued AD 2007-05-16 affecting General Electric CF 34 series engines. The United States is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/CF34/13 Amendment 1 which will become effective on 16 March 2007. This AD cancels and replaces the previous issue.
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 A/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 establish a framework for the regulation of civil aviation in Australia, with the primary aim of ensuring the safety and efficiency of air navigation. This legislation provides the authority for the issuance of regulations that are necessary for the safety of air navigation, including airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the processes for issuing these directives under regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to mandate requirements for the continuing airworthiness of aircraft and aeronautical products. The policy objective of these regulations is to align with international standards and practices as outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that Australian aviation remains in compliance with global safety requirements. This Act was introduced by the Australian Parliament to address the need for a cohesive and internationally compliant regulatory framework for civil aviation safety in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 pertain to the issuance of airworthiness directives (ADs) as mandated by section 98 of the Civil Aviation Act 1988, aiming to enhance the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Such directives are integral to maintaining the continuing airworthiness of aircraft, as per the obligations outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the original airworthiness of an aircraft type, must provide necessary information to the States of Registry to ensure compliance with safety standards. In Australia, CASA, as the national airworthiness authority, assesses this information and issues corresponding ADs when necessary. For instance, in response to the United States issuing AD 2007-05-16 concerning General Electric CF 34 series engines, CASA amended the equivalent Australian AD to AD/CF34/13 Amendment 1, effective from 16 March 2007. This action, rooted in international obligations, does not require public consultation or a Regulatory Impact Statement, and is executed by CASA on behalf of the Governor-General under the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the regulatory framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General 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 (sections 98 and 39.001). These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)).
The obligations imposed by these regulations are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this, as outlined in Annex 8 to the Convention on International Civil Aviation (Annex 8). The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures compliance with international standards and fosters safety in air navigation.
Breaching the requirements of an AD can lead to serious consequences. Failure to comply with an AD can result in the grounding of the aircraft, as CASA has the authority to enforce compliance. The potential penalties for non-compliance are severe and can include substantial fines and imprisonment. Under the Civil Aviation Act 1988, the maximum penalty for failing to comply with an AD can reach up to $1,650 penalty units for an individual, and $8,250 for a corporation, reflecting the critical nature of airworthiness regulations (section 84A(2)). These measures underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.