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 2005-22-12 affecting General Electric CF 6 series engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/CF6/61, which will become effective on 28 September 2006.
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, enacted by the Commonwealth Parliament, serves to regulate and ensure the safety of civil aviation within Australia. One of its key provisions is the ability for the Governor-General to make regulations that support the Act's objectives, particularly in relation to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework is designed to address the need for coordinated and enforceable safety measures in the aviation industry, reflecting Australia's commitment to international aviation safety standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These ADs, mandated by Australia’s obligations under the Convention on International Civil Aviation, are legislative instruments that apply to aircraft registered in Australia. They are designed to ensure that aircraft maintain their airworthiness throughout their operational life, overseen by the State of Registry for individual aircraft. CASA, as Australia’s national airworthiness authority, evaluates ADs issued by the State of Design, such as the United States in the case of the General Electric CF6 series engines, and issues corresponding Australian ADs to enforce these requirements within Australia’s jurisdiction. This process does not involve public consultation or require a Regulatory Impact Statement, as it is governed by international obligations and internal safety mandates. The ADs are issued by authorised personnel within CASA, ensuring that safety regulations are implemented effectively and efficiently.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations for the Act's purposes, 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 types of aircraft or aeronautical products. The ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. This framework ensures that ADs, which are essential for maintaining the continuing airworthiness of aircraft types, align with international standards set by the Convention on International Civil Aviation.
The obligations under the Act and regulations primarily rest on CASA, as Australia's national airworthiness authority. CASA must assess any ADs issued by the State of Design and determine if Australian ADs are necessary to enforce the requirements. For instance, when the United States, as the State of Design for the General Electric CF 6 series engines, issues AD 2005-22-12, CASA evaluates this directive and, if deemed necessary, issues Australian AD/CF6/61. This process ensures that the Australian Register adheres to international safety standards, reflecting the obligations under Annex 8 of the Convention on International Civil Aviation.
The State of Registry, in this case, CASA, is responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. This responsibility includes developing or adopting requirements to maintain airworthiness standards. When a State of Design issues an AD, CASA must assess and implement the necessary requirements through Australian ADs, ensuring compliance with both international and domestic safety standards. This obligation underscores the importance of international cooperation and adherence to global aviation safety protocols.
Failure to comply with the requirements set out in ADs can result in significant civil and criminal consequences. Although specific penalties are not detailed in the provided text, the Act and regulations generally allow for enforcement actions, including fines and potential prosecution for non-compliance. The gravity of these consequences underscores the importance of adhering to ADs, which are critical for ensuring the safety and airworthiness of aircraft. CASA's role in issuing and enforcing these directives is vital to maintaining the high safety standards required in the aviation industry.