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 issued AD 2003-02-07 affecting General Electric CF6 engines. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CF6/51 Amendment 1. The amended AD will become effective on 13 September 2006. This AD cancels and replaces the previous issue.
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, 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 was enacted to establish the regulatory framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of air navigation services. One of its key provisions is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Act was introduced to address the need for a comprehensive legal framework governing civil aviation, thereby ensuring that safety standards are uniformly maintained across the industry. The Civil Aviation Act 1988 is an Act of the Australian Parliament, and its policy objective is to provide for the regulation of civil aviation in the interests of safety and national security. These airworthiness directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations concerning air navigation safety, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are subject to disallowance under section 6 of the Legislative Instruments Act 2003. The ADs serve to implement the continuing airworthiness requirements set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of aircraft types, and States of Registry must ensure the ongoing compliance with these standards. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian ADs to mandate the necessary requirements.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulation is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Furthermore, subregulation 39.001(5) states that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003. The issuance of ADs is a critical mechanism for ensuring the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the overall airworthiness of an aircraft type and must provide necessary information to States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant entities are substantial. CASA, as Australia's national airworthiness authority, must assess any airworthiness information provided by the State of Design and, if deemed appropriate, issue an Australian AD to mandate the necessary requirements. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also develop or adopt requirements to ensure compliance with international standards. This regulatory framework ensures that both the State of Design and the State of Registry collaborate effectively to maintain the safety and airworthiness of aircraft registered in Australia.
Failure to comply with the requirements set forth in an airworthiness directive can lead to significant legal consequences. The Civil Aviation Act 1988 does not explicitly outline the specific offences, penalties, or consequences for non-compliance with ADs, but it does provide a broad legislative basis for enforcing compliance. Given that ADs are legislative instruments, non-compliance can potentially lead to civil or criminal penalties depending on the severity of the breach and the discretion of the enforcement authorities. The Civil Aviation (Airworthiness of Aircraft) Regulations 1991 further delineate specific enforcement actions and penalties, which can include fines and other corrective measures to ensure that all parties adhere to the mandated airworthiness standards.