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 2002-23-02 affecting GE CF34-8C1 series engines. United States of America is the State of Design for GE CF34-8C1 engines. CASA has assessed this AD and has issued Australian AD/CF34/20, 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 Commonwealth Parliament, establishes the legislative framework for civil aviation in Australia. One significant aspect of this Act is the authority it grants to the Governor-General to make regulations in the interests of air navigation safety. This legislative power is particularly exercised through the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as critical instruments for ensuring the continuing airworthiness of aircraft and aeronautical products registered in Australia, aligning with international standards under the Convention on International Civil Aviation. The objective of this regulatory approach is to maintain high safety standards in Australia's aviation sector, reflecting the country's commitments to international safety protocols and the overarching responsibility of the State of Design and State of Registry for aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, provide the framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain airworthiness. An AD is a legislative instrument subject to disallowance under the Acts Interpretation Act 1901 and legislative review under the Legislative Instruments Act 2003. These directives are issued in response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding ADs to ensure compliance with international standards. This process was followed for AD 2002-23-02 issued by the FAA concerning GE CF34-8C1 series engines, leading to the issuance of Australian AD/CF34/20 effective from 31 October 2010. As these directives arise from international obligations and do not require public consultation or a Regulatory Impact Statement, they are implemented to ensure that Australian aviation standards align with global safety requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety and continuing airworthiness of aircraft in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft types or aeronautical products. Section 39.001(5) further clarifies that ADs are disallowable instruments, making them legislative instruments under the Legislative Instruments Act 2003.
Under these provisions, CASA has issued Australian AD/CF34/20, which mandates the requirements of a U.S. Federal Aviation Administration (FAA) airworthiness directive (AD 2002-23-02) for GE CF34-8C1 series engines. The AD was issued due to Australia’s obligations under the Convention on International Civil Aviation, and because the United States, as the State of Design, issued the corresponding AD. As such, CASA assessed the directive and determined it necessary to issue an Australian AD to ensure the continuing airworthiness of affected aircraft on the Australian Register. The AD/CF34/20 will become effective on 31 October 2010.
Compliance with ADs is mandatory for all aircraft operators, meaning they must implement the requirements specified in the AD to maintain the airworthiness of their aircraft. This includes conducting necessary inspections, repairs, or modifications as outlined in the directive. Failure to comply with an AD can result in significant safety risks, and thus, operators must ensure they adhere to the mandated timelines and procedures. CASA has the authority to enforce compliance and can take action against operators who fail to meet the requirements of an AD.
Breaches of ADs can result in serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance can lead to penalties, including fines and potential revocation of an operator’s certificate. In severe cases, CASA may ground non-compliant aircraft, which can have significant operational and financial repercussions for the operator. Additionally, failure to comply with an AD can be considered an offence under the Act, leading to criminal charges and potential imprisonment for individuals or corporate entities. The maximum penalties for such offences are stipulated within the Act and can vary based on the severity and intent behind the non-compliance.