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 2005-07-09 affecting General Electric CF34 engines. The United States of America is the State of Design for GE CF34 engines. CASA has assessed this AD and has issued Australian AD/CF34/18, which will become effective on 31 October 2010.
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, 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 Australian Parliament, provides the legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations to promote the safety of air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. The Civil Aviation Act 1988 and its subsidiary regulations respond to the need for comprehensive and enforceable measures to maintain the safety standards of aircraft operating in Australian airspace, aligning with international obligations under the Convention on International Civil Aviation.
The policy objective of these regulations is to ensure that aircraft maintain their airworthiness through continuous compliance with safety standards, thereby safeguarding public safety and facilitating international cooperation in civil aviation. This approach is particularly crucial for maintaining the integrity of aircraft types designed by foreign entities, as seen in the issuance of Australian AD/CF34/18 in response to a United States Federal Aviation Administration directive concerning General Electric CF34 engines.
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 in the interests of maintaining safety standards in air navigation, as authorised by the Civil Aviation Act 1988. These ADs are considered legislative instruments and are subject to disallowance. The application of these directives is comprehensive, covering all aircraft registered in Australia and ensuring that they comply with safety standards set by the State of Design, such as the United States in the case of General Electric CF34 engines. CASA, as Australia's national airworthiness authority, assumes the responsibility of assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of aircraft types. Exemptions or exclusions from these regulations are not specified within the text, and the scope of the ADs extends nationally, covering all relevant aircraft within Australia's jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to the issuance of airworthiness directives (ADs) are sections 39.001 and 39.001(5). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. According to section 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and thus, it is a legislative instrument under the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are formally recognised and can be effectively implemented to maintain airworthiness standards.
The obligations imposed by the Act and the Regulations on the parties involved are primarily concerned with the maintenance of airworthiness. CASA, as Australia's national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must comply with these ADs to ensure the safety and airworthiness of the aircraft. Additionally, under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to support the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure this airworthiness.
The Act and the Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches of ADs. However, non-compliance with ADs can lead to significant safety risks, and CASA can take enforcement actions against non-compliant operators. Such actions can include grounding the aircraft, imposing fines, or taking other regulatory measures to ensure compliance. While specific maximum penalties are not detailed in the text, the implications of non-compliance can be severe, impacting the safety and legality of air operations.