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 2007-04-51 affecting General Electric CF34 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF34/13 which will become effective on 2 March 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 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 regulate civil aviation in Australia and to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuing of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 provide the framework for ensuring the continuing airworthiness of aircraft and aeronautical products, with ADs serving as a primary mechanism for this purpose. As Australia is a signatory to the Convention on International Civil Aviation, it has an obligation to adhere to the continuing airworthiness directives issued by the State of Design, which in this case is the United States for General Electric CF34 series engines. Consequently, CASA, Australia's national airworthiness authority, has assessed and issued Australian AD/CF34/13, mandated by the United States AD 2007-04-51, which will become effective on 2 March 2007. Given the international obligations and the specific nature of ADs, there was no requirement for public consultation or a Regulatory Impact Statement for this directive.
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) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments, disallowable under the Acts Interpretation Act 1901, and are subject to oversight by the Legislative Instruments Act 2003. The ADs are mandated under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type and on the State of Registry for the individual aircraft. CASA, as Australia’s national airworthiness authority, assesses ADs issued by the State of Design and, if deemed necessary, issues corresponding Australian ADs to enforce these requirements. For instance, CASA issued AD/CF34/13 in response to the United States Federal Aviation Administration’s AD 2007-04-51 concerning General Electric CF34 series engines, reflecting Australia’s international obligations and the necessity to maintain airworthiness standards. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are formulated by CASA’s Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, pursuant to subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to create regulations that promote air navigation safety. Pursuant to regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legal instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are recognised as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The issuance of ADs is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, must provide necessary information to ensure its continuing airworthiness, which is then mandated through ADs. In Australia, the State of Registry is obligated to develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, acting as Australia's national airworthiness authority, must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements. For instance, following the issuance of the United States FAA's AD 2007-04-51 for General Electric CF34 series engines, CASA issued Australian AD/CF34/13, effective from 2 March 2007.
The obligations imposed by the Act and Regulations on CASA and other relevant parties include the assessment and implementation of ADs issued by States of Design. CASA must ensure that all necessary actions are taken to comply with international standards and to maintain the safety of aircraft registered in Australia. This involves rigorous evaluation of the ADs, verification of compliance with Australian standards, and timely dissemination of information to aircraft operators and owners. The process is streamlined to ensure minimal disruption to aviation operations while upholding the highest safety standards.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, violations of ADs may lead to civil penalties. The maximum penalties for non-compliance can be substantial, reflecting the critical nature of airworthiness directives in maintaining aviation safety. Additionally, non-compliance may result in the grounding of affected aircraft, leading to operational disruptions and potential criminal charges against individuals or entities responsible for the oversight of the aircraft. These consequences underscore the importance of strict adherence to ADs to protect public safety and ensure the continued reliability of air navigation systems.