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 FAA issued AD 2007-12-07, affecting certain General Electric Company (GE) CF6-80C2 series engines . The FAA is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to notate the acceptability of an FAA Approved AMOC for compliance with the corresponding requirements of the Australian AD. The amended AD, AD/CF6/65 Amdt 2, will become effective on 14 February 2011. 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 Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation within Australia and ensures the safety of air navigation. This Act provides the framework for the creation of regulations aimed at maintaining and enhancing aviation safety, and under section 98, the Governor-General has the authority to enact such regulations. The Civil Aviation Safety Regulations 1998, made under this Act, further specify the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The purpose of ADs is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as set out in the Convention on International Civil Aviation, particularly under Annex 8. This legislative framework aims to uphold the safety standards of air navigation, responding to both national and international obligations, and mandates CASA to issue ADs in accordance with the requirements set forth by the State of Design or Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a legislative instrument under the Legislative Instruments Act 2003 and are instrumental in ensuring the continuing airworthiness of aircraft registered in Australia. The ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the overall airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. Consequently, CASA, as Australia's national airworthiness authority, is obligated to assess information from the State of Design and, where appropriate, issue corresponding Australian ADs. For instance, in response to the Federal Aviation Administration's (FAA) AD 2007-12-07 concerning certain GE CF6-80C2 series engines, CASA amended the Australian AD to incorporate an FAA Approved AMOC for compliance purposes. This AD, AD/CF6/65 Amdt 2, effective from 14 February 2011, cancels and replaces the previous issue. Given the international obligations under the Convention on International Civil Aviation and the reactive nature of the AD, no public consultation was deemed necessary, and the Office of Regulatory Review determined that this AD does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory mechanism is integral to ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These ADs are legal instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and hence subject to scrutiny under the Legislative Instruments Act 2003. Under this framework, the State of Design, such as the Federal Aviation Administration (FAA) in this instance, holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, such as CASA for Australia, ensures compliance with these directives.
The obligations imposed by this AD, AD/CF6/65 Amdt 2, are stringent and designed to maintain the highest safety standards. The AD mandates compliance with the requirements set forth by the FAA for certain General Electric Company (GE) CF6-80C2 series engines. CASA, as the national airworthiness authority, must ensure that these requirements are adopted and enforced within Australia. This involves assessing the information provided by the FAA, and where necessary, issuing corresponding Australian ADs to enforce the same safety measures domestically. This ensures that all aircraft utilising the specified engines within Australia adhere to the same safety protocols as those mandated by the FAA.
Failure to comply with the provisions of an airworthiness directive can result in significant legal consequences. Both civil and criminal penalties may apply, depending on the nature and severity of the breach. While the specific penalties are not detailed in the text, it is known that non-compliance with aviation safety regulations can result in substantial fines and potential imprisonment. For instance, under the Civil Aviation Act 1988, individuals or entities found in violation of ADs could face penalties that may include fines up to several thousand Australian dollars, and in severe cases, imprisonment for a term that can extend up to several years. These stringent measures underscore the critical importance of adhering to the ADs to maintain the safety and integrity of the aviation industry.