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 FAA has issued AD 2005-07-06 affecting GE CF34-8C1 and CF34-8C5 series engines. United States of America is the State of Design for GE CF34 engines. CASA has assessed this AD and has issued Australian AD/CF34/19, 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, was introduced to establish and regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislative framework enables the Governor-General to make regulations necessary for the safety of air navigation, as demonstrated by the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation and its Annex 8. The ADs are issued to mandate requirements determined by the relevant State of Design, and CASA must assess and, if necessary, issue Australian ADs to enforce these requirements. For instance, CASA has issued Australian AD/CF34/19 in response to a United States Federal Aviation Administration AD concerning GE CF34 engines. Given the international obligations and the specific nature of ADs, this particular AD did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. According to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations in the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve to maintain the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States of America for GE CF34 engines, has the primary responsibility for issuing ADs, which CASA must then assess and potentially issue as Australian ADs. The ADs are issued in compliance with international obligations and in response to ADs from the relevant State of Design, hence there is no requirement for public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988 to enhance the safety of air navigation. These ADs are essentially legislative instruments, as stated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are designed to ensure that aircraft maintain their airworthiness and comply with safety standards as stipulated by the International Civil Aviation Organization (ICAO).
The obligations under these regulations require CASA to assess any ADs issued by the State of Design and determine if an Australian AD is necessary. For instance, when the Federal Aviation Administration (FAA) issues AD 2005-07-06 for GE CF34-8C1 and CF34-8C5 series engines, CASA must review this directive. Given that the United States of America is the State of Design for these engines, CASA has assessed the AD and subsequently issued Australian AD/CF34/19, effective from 31 October 2010. This reflects CASA’s role in ensuring that all aircraft registered in Australia meet the required safety standards.
The Act and regulations impose several obligations on the parties involved. CASA, as the national airworthiness authority, must rigorously assess and respond to ADs from other States of Design to maintain safety standards. The State of Registry, which in this case is Australia, must ensure that all aircraft registered within its jurisdiction comply with the ADs. This includes implementing the necessary modifications or inspections as mandated by the ADs to maintain the aircraft’s airworthiness. Additionally, aircraft operators must adhere to the ADs by making the required changes or conducting the necessary inspections within the stipulated timeframes.
Failure to comply with the ADs can result in serious consequences. Under the Civil Aviation Act 1988, any non-compliance with an AD can lead to enforcement actions. Such actions can include fines, prosecution, or even the grounding of the aircraft. The penalties for non-compliance can be severe, with maximum fines reaching up to $275,700 for corporations and $55,140 for individuals. In extreme cases, the non-compliance can lead to criminal charges, which could result in imprisonment. These stringent measures are in place to ensure that all stakeholders, including aircraft manufacturers, operators, and regulatory authorities, take airworthiness directives seriously and prioritize the safety of air navigation.