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 90-26-01 affecting General Electric CF 6 series engines. The United States is the State of Design for these engines. FAA AD 90-26-01 superseded the FAA AD referenced in AD/CF6/10 Amendment 1. CASA has assessed this AD and as a result has cancelled Australian AD/CF6/10 Amendment 1. The requirements of FAA AD 90-26-01 are referenced in AD/CF6/16. The cancellation of AD/CF6/10 Amendment 1 will become effective 3 August 2006.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia to ensure the safety of air navigation. As part of this, the Act empowers the Governor-General to make regulations under section 98, which are essential for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated in the Legislative Instruments Act 2003, and are critical for ensuring the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. CASA, acting as the national airworthiness authority, must assess and implement ADs issued by the State of Design, ensuring compliance with international standards and facilitating the safety and efficiency of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) within Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, which involves assessing and, if appropriate, issuing ADs based on directives from the State of Design. In the case of the General Electric CF 6 series engines, the AD issued by the United States Federal Aviation Administration (FAA) led to the cancellation of an Australian AD, demonstrating the international coordination required to maintain airworthiness standards. The process of issuing and cancelling ADs is conducted by CASA without public consultation, as determined by the Office of Regulatory Review, and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Airworthiness) 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. These directives serve as a key mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. An AD is a legislative instrument, meaning it has the force of law upon issuance and can be disallowed by Parliament (section 46A of the Acts Interpretation Act 1901).
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities governed by ADs include ensuring compliance with the directives issued by CASA. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to support the continuing airworthiness of that type. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements of the State of Design.
Failure to comply with the ADs can result in civil and criminal consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance through various means, including the imposition of fines. The exact penalties for non-compliance are not specified in the text but typically include substantial fines and, in severe cases, potential criminal charges. The importance of adhering to ADs cannot be overstated, as they are critical to ensuring the safety of air navigation and the public.