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 issued AD 2007-12-07, affecting General Electric CF6 engines, in 2007. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow compliance in accordance with an earlier version of a service bulletin. The amended AD, AD/CF6/65 Amendment 1, will become effective on 30 August 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 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 by the Parliament of Australia, was introduced to regulate civil aviation in Australia and ensure the safety of air navigation. The Act empowers the Governor-General to make regulations that promote safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These airworthiness directives are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft types and aeronautical products. In accordance with international obligations under the Convention on International Civil Aviation, the State of Design has the responsibility to provide necessary information for airworthiness, while the State of Registry must implement these directives. CASA, as Australia's national airworthiness authority, assesses and issues Australian airworthiness directives in response to those from the State of Design, ensuring compliance with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft and aeronautical products. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to entities such as aircraft manufacturers, operators, and maintenance organisations within Australia. The scope of these regulations extends nationally, with CASA, as Australia's designated authority, responsible for implementing ADs issued by the State of Design and ensuring compliance by the State of Registry. The ADs are legislative instruments subject to disallowance, and while they do not require public consultation or a Regulatory Impact Statement, they are meticulously crafted by CASA to address safety concerns raised by the State of Design. For example, in response to the United States Federal Aviation Administration’s AD 2007-12-07 concerning General Electric CF6 engines, CASA amended the corresponding Australian AD to permit compliance with an earlier version of a service bulletin, effective from 30 August 2007.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5), which identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus establishing them as legislative instruments. Such directives are crucial for ensuring the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
Under these provisions, the State of Design, which is the country responsible for the design of an aircraft type, has the primary obligation to provide necessary information to ensure the continuing airworthiness of that aircraft type. This obligation is mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are mandated within Australia.
Failure to comply with ADs can lead to serious consequences. Civil Aviation Safety Regulations 1998 mandate penalties for non-compliance with airworthiness directives, which can include substantial fines and imprisonment. The specific penalties are not detailed in the provided text, but generally, non-compliance can result in civil penalties for individuals and criminal penalties for corporations, depending on the severity and intent of the breach. CASA enforces these regulations rigorously to maintain the highest safety standards in Australian airspace.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue airworthiness directives that are critical for ensuring the safety of aircraft. The State of Design has the primary responsibility for providing information to maintain airworthiness, while the State of Registry must implement these directives. Non-compliance with ADs can result in severe penalties, enforcing the importance of adhering to these safety measures.