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 2009-07-12 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/CF34/17, which will become effective on 4 June 2009.
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, 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 Parliament of Australia, serves as the primary legislation governing civil aviation safety in the country, aiming to ensure the safety of air navigation. It empowers the Governor-General to create regulations for this purpose. One significant aspect of this Act is the delegation to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral in maintaining the continuing airworthiness of aircraft, a responsibility mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the airworthiness of an aircraft type. CASA, acting as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to comply with the requirements of the relevant State of Design. This process is exemplified by the issuance of Australian AD/CF34/17 in response to the United States FAA's AD 2009-07-12 for General Electric CF34 series engines.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulatory authority is exercised under the overarching framework of the Civil Aviation Act 1988, which authorises the Governor-General to make regulations to ensure the safety of air navigation. These ADs, which serve as legislative instruments as per the Legislative Instruments Act 2003, are mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types and must share necessary information to maintain such airworthiness with States of Registry, including Australia. Consequently, when a State of Design, such as the United States in the case of General Electric CF34 series engines, issues an AD, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements within Australia’s jurisdiction. This process ensures that Australian-registered aircraft meet international safety standards, thus fulfilling Australia's commitments under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, and the Civil Aviation Safety Regulations 1998, provide a framework for the regulation of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is further defined in subregulation 39.001(5), which stipulates that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and thus are legislative instruments.
The obligations imposed by these regulations require CASA to evaluate any ADs issued by the State of Design, which is the country where the aircraft or aeronautical product was designed. CASA must then determine if an Australian AD is necessary to enforce the requirements of the foreign AD. For instance, if the United States Federal Aviation Administration (FAA) issues an AD for a particular type of aircraft engine, CASA is obligated to review this AD and decide whether it needs to be adopted and enforced in Australia. This is evident in the case of AD 2009-07-12, which affects General Electric CF34 series engines, where CASA issued Australian AD/CF34/17 in response to the FAA's directive.
The Act and the Regulations also outline the consequences for non-compliance with ADs. Any person or entity that fails to comply with an AD may face civil or criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity of the breach. The maximum penalties are not explicitly stated in the provided text, but the seriousness of non-compliance with airworthiness directives underscores the critical nature of adhering to these regulations. Non-compliance can lead to serious safety risks, thus making it imperative for all parties to follow the mandated requirements.