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 2007-17-01 affecting General electric CF6-80E1A aircraft engines. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CF6/58 Amendment 1, which will become effective on 25 October 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a regulatory framework for ensuring the safety of air navigation in Australia, with the overarching aim of protecting the public from the risks associated with civil aviation. The Act empowers the Governor-General to create regulations that contribute to the safety of air navigation. One such regulation is found in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory capability is crucial in maintaining the airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 thus addresses the need for a robust, nationally-focused legal framework that ensures compliance with international safety standards while maintaining the highest possible safety for the Australian public. The enactment of such regulations is overseen by CASA, which acts as the national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legal framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and are mandated by the State of Design, with CASA, as Australia’s national airworthiness authority, responsible for assessing the necessity and issuing corresponding Australian ADs. This process aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, which stipulates the continuing airworthiness responsibilities of the State of Design and the State of Registry. The ADs extend to any aircraft of the specified type on the Australian Register, thereby encompassing all relevant entities operating such aircraft within Australia. While ADs are legislative instruments subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, they do not require public consultation or a Regulatory Impact Statement due to their alignment with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations that are crucial for ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. They serve as critical tools for maintaining the continuing airworthiness of aircraft, ensuring they meet the safety standards set forth by the Convention on International Civil Aviation, specifically under Annex 8.
Under the obligations imposed by the Civil Aviation Safety Regulations 1998, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the appropriate States of Registry, which are responsible for the individual aircraft's continuing airworthiness. When a State of Design, such as the United States in this case, issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process was followed with the issuance of Australian AD/CF6/58 Amendment 1, which was issued in response to the United States FAA's AD 2007-17-01 concerning General Electric CF6-80E1A aircraft engines.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. CASA must ensure that any AD issued by the State of Design is assessed for its applicability and necessity within the Australian context. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to mandate compliance. These regulations also stipulate that no public consultation is required for ADs issued under Australia's obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing these directives. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA has the authority to issue these ADs in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements set forth in an AD can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with ADs. The specific penalties can vary depending on the severity of the breach but can include substantial fines and, in some cases, imprisonment. For instance, an operator failing to comply with an AD could face fines up to $210,000 for a corporation and $42,000 for an individual, along with potential imprisonment for up to two years. These stringent penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australia.