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 2006-16-06 affecting General Electric CF6 engines. The United States is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/CF6/54. The cancellation will become effective on 26 October. This AD has been superseded by AD/CF6/62 which will become effective on 26 October 2006.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, Airframes/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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, thereby enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments subject to disallowance, and they play a crucial role in maintaining the continuing airworthiness of aircraft, in line with Australia’s obligations under the Convention on International Civil Aviation. In response to the issuance of a relevant airworthiness directive by the United States Federal Aviation Administration concerning General Electric CF6 engines, CASA has cancelled the existing Australian directive, illustrating the practical application of international standards and the importance of harmonised regulatory practices in ensuring aviation safety.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as part of the Civil Aviation Act 1988, apply to all aircraft registered in Australia, regardless of where they are manufactured, and to aeronautical products used in civil aviation within Australia. The regulations mandate the continuing airworthiness of these aircraft and products, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in ensuring compliance with these standards. The regulations extend their jurisdiction nationally, covering all aircraft and aeronautical products operating within Australia, and are in line with international standards set by the International Civil Aviation Organization (ICAO). The Act allows for the issuance of airworthiness directives (ADs), which are legislative instruments that can be issued by CASA in response to safety concerns identified by the State of Design or other ICAO Contracting States. These directives can mandate specific actions or modifications to ensure airworthiness and are binding on all relevant entities. Any exclusions or exemptions from these regulations would need to be explicitly stated in subordinate instruments, which can extend or restrict the application of the primary legislation. The process for issuing these directives is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting the urgent nature of safety-related mandates.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in section 98 and regulation 39.001 respectively. An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, and it is subject to the provisions of the Legislative Instruments Act 2003. These directives are essential tools for ensuring the continuing airworthiness of aircraft, as mandated under Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction.
Under these regulations, CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design for aircraft types registered in Australia. If an AD is issued by the United States Federal Aviation Administration (FAA) concerning General Electric CF6 engines, for example, CASA must review this AD and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This was the case with AD 2006-16-06, which led to the cancellation of Australian AD/CF6/54 and the issuance of a new AD/CF6/62, both effective from 26 October 2006. The obligations extend to ensuring that Australian aircraft comply with international standards and requirements, thereby maintaining a consistent level of safety across the global aviation industry.
Failure to comply with ADs may result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to significant penalties. The severity of the penalties may vary depending on the nature and extent of the non-compliance. Civil penalties can include substantial fines, and in more severe cases, criminal penalties may apply, potentially leading to imprisonment. The exact penalties are determined by the seriousness of the breach and the specific provisions of the Civil Aviation Act 1988 and other relevant legislation. It is critical for aircraft operators and owners to adhere strictly to the ADs to avoid these severe repercussions and ensure the safety and airworthiness of their aircraft.