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 2008-21-11, affecting certain General Electric Company (GE) CF6-80C2 and CF6-80E1 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/CF6/70 Amdt 1, 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, serves to regulate the safety and efficiency of civil aviation in Australia, with a particular focus on ensuring the continuing airworthiness of aircraft and aeronautical products. This legislation was introduced to address the need for comprehensive regulation to manage the complexities and risks associated with civil aviation. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are legislative instruments designed to mandate compliance with airworthiness requirements for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the safety standards required under international conventions such as Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. CASA, acting as Australia’s national airworthiness authority, is obligated to issue corresponding ADs when required, thereby fulfilling Australia’s international obligations and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate, particularly in relation to the safety of air navigation. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as detailed in subregulation 39.001(5), is a disallowable instrument and hence a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and States of Registry concerning the continuing airworthiness of aircraft. In the specific case of AD 2008-21-11 issued by the Federal Aviation Administration (FAA) for certain General Electric Company (GE) engines, CASA has amended the corresponding Australian AD to accept an FAA Approved AMOC for compliance with Australian requirements, thereby facilitating adherence to international obligations and enhancing safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These provisions underscore the regulatory framework within which ADs operate and their statutory status.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities are significant. Under Annex 8 to the Convention on International Civil Aviation, the State of Design—in this case, the Federal Aviation Administration (FAA) for GE CF6-80C2 and CF6-80E1 series engines—bears the responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft registered in Australia comply with international airworthiness standards.
The AD in question, AD 2008-21-11, issued by the FAA, mandates compliance with specific requirements for certain GE CF6-80C2 and CF6-80E1 series engines. CASA has amended the corresponding Australian AD, AD/CF6/70 Amdt 1, to acknowledge the acceptability of an FAA Approved AMOC for compliance with Australian requirements. This amendment takes effect on 14 February 2011, replacing the previous AD. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. The Office of Regulatory Review has also determined that this AD does not necessitate a Regulatory Impact Statement.
In the event of non-compliance with the provisions outlined in the AD, there are potential consequences. While the specific penalties are not detailed in the provided text, it is reasonable to infer that breaches of airworthiness directives could lead to severe civil or criminal penalties. Such penalties could include fines, suspension or revocation of aircraft operating certificates, and potential criminal charges for operators or individuals responsible for ensuring compliance. The severity of these penalties reflects the critical importance of adhering to airworthiness directives to maintain the safety of air navigation.