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.
CASA issued AD/CF6/51 Amdt 1 in respect of General Electric CF6-50 and
CF6-80C2 engines, as specified in the requirement document. CASA has reviewed this AD and has amended it to notate the acceptance of later revisions of the manufacturer’s service bulletin, (GE Aircraft Engines CF6-80C2 S/B 72-1224), which are approved as an AMOC to paragraph (a) and (b) of FAA AD 2003-02-07. The amended AD, AD/CF6/51 Amdt 2 will become effective on 3 September 2010. This AD cancels and replaces the previous issue.
This amendment represents an alignment with the latest manufacturer’s data with no adverse impact on the original actions specified in the directive. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
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, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with Section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, thereby facilitating the governance and oversight of civil aviation activities within Australia. Complementing the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 detail the specific requirements for maintaining airworthiness and safety standards. Under this regulatory structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) as stipulated in regulation 39.001, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework ensures that CASA can mandate safety requirements in alignment with international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest safety standards in civil aviation, thereby protecting public safety and facilitating international cooperation in aviation safety management.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, aligning with the overarching aim of ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are integral to maintaining the continuing airworthiness of aircraft as per the requirements outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must act upon ADs issued by the State of Design to ensure compliance and safety for aircraft registered in Australia. This process ensures that Australian aviation standards are met and international safety protocols are upheld. The regulations apply to all aircraft and aeronautical products within Australia's jurisdiction, and their implementation is overseen by CASA, reflecting the commitment to maintaining high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of airworthiness in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly for the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed on CASA under this regulation include the assessment of any AD issued by the State of Design against a type of aircraft on the Australian Register. If deemed appropriate, CASA must issue an Australian AD to enforce the requirements of the State of Design. This ensures the alignment of Australian regulations with international standards and the maintenance of the continuing airworthiness of aircraft registered in Australia.
Failure to comply with ADs can result in significant consequences. Under section 13.013 of the Civil Aviation Safety Regulations 1998, the holder of an airworthiness certificate must comply with all ADs applicable to the aircraft. Non-compliance may result in penalties, including fines and imprisonment. Specifically, for an individual, the maximum penalty is a fine of 500 penalty units and/or imprisonment for 12 months. For a body corporate, the maximum penalty is a fine of 2,500 penalty units. The issuance and compliance with ADs are critical to maintaining safety standards and ensuring the airworthiness of aircraft operating within Australian jurisdiction.