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 2009-04-17 affecting General Electric CF6 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF6/72, which will become effective on 7 May 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to govern the safety and regulation of civil aviation in Australia, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further delineate the responsibilities of the Civil Aviation Safety Authority (CASA) in maintaining airworthiness standards. Specifically, regulation 39.001 of these regulations allows CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are subject to disallowance under the Acts Interpretation Act 1901 and are recognised as legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to fulfilling Australia's commitments under the Convention on International Civil Aviation, particularly in ensuring the continuing airworthiness of aircraft registered in Australia. CASA's role is to evaluate ADs issued by the State of Design and, if necessary, to issue corresponding Australian ADs to enforce these requirements domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, aligning with the broader objectives of the Civil Aviation Act 1988 to ensure the safety of air navigation. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are typically issued in response to continuing airworthiness concerns identified by the State of Design, which, for Australian registered aircraft, necessitates CASA's assessment and potential issuance of corresponding Australian ADs. The ADs are essential for maintaining the safety standards as per Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the airworthiness of an aircraft type. In this particular instance, CASA has issued Australian AD/CF6/72 in response to the United States Federal Aviation Administration's AD 2009-04-17, which concerns General Electric CF6 series engines, with the United States being the State of Design. The application of these ADs directly impacts entities and individuals involved in the operation or maintenance of the affected aircraft within Australia, ensuring compliance with international and national safety standards.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly 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 are issued to ensure compliance with safety standards and maintain airworthiness, as mandated by the Civil Aviation Act 1988 (section 98). Subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and these regulations on parties such as CASA, aircraft operators, and manufacturers are primarily focused on maintaining the airworthiness of aircraft. CASA, as Australia's national airworthiness authority, has the responsibility to assess airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that Australian registered aircraft meet international safety standards and comply with local regulations. Aircraft operators are required to adhere to the directives issued by CASA, ensuring their aircraft remain airworthy through compliance with specified maintenance and operational standards.
Failure to comply with the ADs can lead to significant consequences. Civil penalties may be imposed under section 84A of the Civil Aviation Act 1988, which can include fines of up to $162,000 for individuals and $810,000 for corporations. Criminal penalties may also apply, with offences potentially leading to imprisonment. Non-compliance with airworthiness directives can result in severe repercussions, including the grounding of aircraft, which poses safety risks and operational disruptions. The enforcement of these directives is crucial to uphold the safety and reliability of the national and international aviation system.