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 2007-11-20 affecting General Electric CF6 series engines. The Untied States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF6/64 which will become effective on 2 August 2007.
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 Acting 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 to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to create regulations for air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must act on ADs issued by the State of Design, ensuring compliance with international standards and Australia's obligations. In this context, CASA issued AD/CF6/64 in response to a U.S. Federal Aviation Administration directive concerning General Electric CF6 series engines, reflecting the need for Australia to uphold international civil aviation safety standards without requiring public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments, subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The ADs are integral to fulfilling Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types, which is overseen by the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, plays a critical role in assessing and issuing these directives to ensure compliance with international standards and safety protocols. This process is exemplified by the issuance of AD/CF6/64, an Australian AD responding to the United States Federal Aviation Administration's AD 2007-11-20, concerning General Electric CF6 series engines. The issuance of such ADs is conducted without public consultation, as determined by the Office of Regulatory Review, which also concluded that these directives do not require a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) include regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (s 39.001). These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 (s 39.001(5)). The State of Design, which is the country responsible for the design of the aircraft or engine, has the primary responsibility for ensuring the continuing airworthiness of that type of aircraft. The State of Registry, which is the country where the aircraft is registered, is responsible for implementing the ADs and ensuring that the aircraft complies with the required safety standards.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations include the State of Design's duty to provide necessary information to ensure the continuing airworthiness of aircraft types registered in other countries. The State of Registry, in this case, CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the Australian aircraft industry adheres to international safety standards. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations are outlined in Annex 8 to the Convention on International Civil Aviation, which both the State of Design and the State of Registry must adhere to in order to maintain global aviation safety standards.
In terms of potential offences, penalties, or civil/criminal consequences for breaches of the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in severe penalties. While specific penalties are not detailed in the provided text, non-compliance with ADs can lead to enforcement actions by CASA, including fines, grounding of aircraft, or other regulatory measures. These measures are intended to ensure that all aircraft meet the required safety standards and to protect the public from potential aviation hazards. Additionally, failure to comply with ADs can result in criminal charges, which may include imprisonment, especially if the non-compliance leads to a significant safety incident. The severity of the penalties reflects the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.