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 US FAA has issued AD 2007-19-06 affecting General Electric CF6 series engines. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CF6/68, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems 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 ensure the safety of air navigation and to establish the regulatory framework for civil aviation in Australia. In accordance with this Act, the Civil Aviation Safety Regulations 1998 were also established to further provide for the safety of civil aviation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The problem or gap addressed by the Act and the accompanying regulations is to ensure the continuing airworthiness of aircraft and aeronautical products, and to mandate safety requirements as necessary. This is achieved through the issuance of airworthiness directives (ADs), which are legislative instruments issued by the Civil Aviation Safety Authority (CASA) in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The policy objective is to ensure compliance with international aviation safety standards and to maintain the highest level of safety in Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are mandated by regulation 39.001 and are considered disallowable instruments under the Acts Interpretation Act 1901, thereby qualifying as legislative instruments as per the Legislative Instruments Act 2003. The authority to issue ADs is exercised under Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design has primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing and, if appropriate, issuing Australian ADs to enforce the requirements of foreign ADs issued by the State of Design, such as the United States in the case of the General Electric CF6 series engines. This process does not require public consultation or a Regulatory Impact Statement, and the ADs are issued by authorised personnel in CASA in accordance with the Act. The jurisdictional reach of these ADs is national, affecting all aircraft registered in Australia that are subject to the directives.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical tools for maintaining the continuing airworthiness of aircraft. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure the aircraft's continued airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if appropriate, issue a corresponding AD to enforce the requirements of the State of Design. For instance, the US Federal Aviation Administration (FAA) issued AD 2007-19-06 concerning General Electric CF6 series engines, and CASA has issued Australian AD/CF6/68 in response.
The obligations imposed by these regulations require CASA to carefully evaluate and, if necessary, issue ADs to ensure compliance with international safety standards. This process is governed by Australia’s obligations under the Convention on International Civil Aviation. When CASA issues an AD, it mandates specific actions or modifications that must be undertaken by the operators of affected aircraft to maintain airworthiness. Failure to comply with these directives can lead to serious safety risks, thereby necessitating strict adherence by all relevant parties.
Breach of the requirements set out in an AD can have significant legal consequences. Under the Civil Aviation Act 1988, violations may result in civil penalties, including fines and potential prosecution. The severity of these penalties can vary depending on the nature and extent of the breach, but the potential for significant financial penalties underscores the importance of compliance. Additionally, failure to adhere to an AD can lead to operational restrictions or grounding of affected aircraft, which can have substantial operational and financial repercussions for airlines and aircraft operators.