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 2008-16-01 affecting General Electric
CF34-8E aircraft engines. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CF34/16, which will become effective on 18 December 2008.
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 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective is to mandate requirements for the continuing airworthiness of aircraft and aeronautical products, as stipulated in Annex 8 of the Convention on International Civil Aviation. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can effectively respond to airworthiness issues identified by the State of Design, thereby upholding international standards and ensuring the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, confers authority upon the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This legislation applies to all aircraft and aeronautical products within the Australian Register, encompassing aircraft operators, manufacturers, maintenance organisations, and other entities involved in the aviation industry. Geographically, the Act applies to all aircraft registered in Australia, irrespective of where they are operated. The ADs are a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are issued in compliance with Australia’s international obligations under the Convention on International Civil Aviation and are often in response to directives issued by the State of Design. As such, these directives are not subject to public consultation or a Regulatory Impact Statement. This AD, AD/CF34/16, was issued by CASA in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning General Electric CF34-8E aircraft engines, and will become effective on 18 December 2008.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for ensuring the safety of air navigation in Australia, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and section 39.001(5) of the Regulations classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby making them legislative instruments according to the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must supply necessary information to ensure the airworthiness of such types to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft within its jurisdiction. When a State of Design issues an AD against an aircraft type registered in Australia, CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
There are several obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the AD. CASA, as the authority responsible for issuing ADs, must ensure that any AD issued is consistent with the safety requirements set forth in the Convention on International Civil Aviation and the Civil Aviation Act 1988. The State of Design must provide timely and accurate information to support the continuing airworthiness of aircraft types. Operators of affected aircraft must comply with the ADs issued by CASA, ensuring that the required maintenance, inspections, or modifications are performed within the specified timeframes. Failure to comply with these requirements can result in the aircraft being deemed unairworthy, potentially leading to grounding and other safety risks.
There are potential consequences and penalties for breaches of the ADs. Operators failing to comply with the mandated requirements can face civil penalties, including fines and potential suspension or revocation of their Air Operator Certificate. Additionally, CASA may take enforcement actions against individuals or entities found in violation of the ADs, including issuing fines, ordering corrective actions, or pursuing legal action. The severity of the penalties can vary based on the nature and extent of the breach, with maximum fines and penalties outlined in the Civil Aviation Act 1988 and related regulations. These measures are designed to ensure compliance and uphold the highest safety standards in civil aviation.