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 2009-07-03 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/CF6/74, which will become effective on 4 June 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 by the Parliament of Australia, establishes a legislative framework to ensure the safety and efficiency of civil aviation within Australia. One of its key functions is to delegate authority to the Civil Aviation Safety Authority (CASA) to create regulations, including airworthiness directives, to uphold the safety standards in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives for particular types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The policy objective behind these provisions is to ensure that Australian aircraft meet international safety standards by aligning with directives issued by the States of Design, thereby safeguarding the public and fostering international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988 applies to all entities involved in civil aviation within Australia, including aircraft operators, pilots, and maintenance personnel, as well as the Australian Civil Aviation Authority (CASA). The Act provides the legislative framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft, and it empowers CASA to make regulations to that end. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs), which are legislative instruments that mandate specific requirements to ensure the airworthiness of aircraft or aeronautical products. These ADs apply to all aircraft and aeronautical products registered in Australia and are enforceable under the Act. The ADs are typically issued in response to international obligations, such as those under Annex 8 to the Convention on International Civil Aviation, and may be based on directives from the State of Design of an aircraft or component. Due to their international nature, ADs are not subject to public consultation or a Regulatory Impact Statement. The application of the ADs is overseen by CASA, which ensures that all necessary measures are taken to maintain the safety and airworthiness of aircraft within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs in response to safety concerns identified by the State of Design or other ICAO Contracting States. This is particularly relevant for aircraft registered in Australia, where the State of Registry must ensure the continuing airworthiness of the aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. In the case of the General Electric CF6 series engines, the United States, as the State of Design, issued AD 2009-07-03, prompting CASA to issue its own AD/CF6/74, effective from 4 June 2009. This process underscores Australia's commitment to international safety standards and ensures that aircraft registered in Australia meet the necessary safety requirements.
The Act and Regulations impose specific obligations on CASA and other parties involved in the issuance and compliance with ADs. CASA must assess the ADs issued by other States of Design and determine whether to issue corresponding Australian ADs. Additionally, the State of Registry is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and must adhere to the requirements outlined in the ADs. Failure to comply with these requirements can result in significant safety risks and potential legal consequences.
Breaching the requirements set out in the ADs can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in penalties, including fines. The maximum penalties for serious breaches can be substantial, reflecting the importance of adhering to airworthiness directives. Furthermore, failure to comply with ADs can also lead to aircraft being grounded, which can have severe operational and financial implications for operators. Ensuring strict adherence to these directives is crucial for maintaining the high safety standards expected in the aviation industry.