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 2009-08-06 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/CF6/76, 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, addressing gaps in existing aviation safety and operational standards. This Act empowers the Governor-General to make regulations necessary for ensuring the safety of air navigation, thereby enhancing the overall safety and efficiency of civil aviation within Australia. The Civil Aviation Safety Regulations 1998, under section 39.001, further detail the processes and mechanisms through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring adherence to international standards set forth by the International Civil Aviation Organization (ICAO). The authority to issue these ADs is crucial in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while safeguarding the safety of air navigation domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. These directives apply to specific kinds of aircraft or aeronautical products to ensure compliance with safety standards, and they are mandated by the State of Design's responsibility for the continuing airworthiness of aircraft types. The geographic scope of these regulations extends to all aircraft registered in Australia, aligning with Australia's commitments under the Convention on International Civil Aviation. As such, CASA is required to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This process ensures that Australian aircraft meet international safety standards and obligations. While these directives are legally binding and are considered legislative instruments, they are not subject to public consultation or the requirement for a Regulatory Impact Statement, given their technical nature and the international framework they operate within.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework ensures that the continuing airworthiness of aircraft and products is maintained through the issuance of ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case the United States for General Electric CF6 series engines, has the responsibility to provide necessary information to ensure airworthiness. CASA, as Australia's national airworthiness authority, must then assess this information and issue corresponding ADs if appropriate.
The obligations imposed by the Civil Aviation Safety Regulations 1998 and Annex 8 of the Convention on International Civil Aviation require CASA to ensure that the continuing airworthiness of aircraft registered in Australia is maintained. This involves the assessment and, if necessary, the issuing of Australian ADs in response to ADs issued by the State of Design. For example, following the issuance of AD 2009-08-06 by the United States Federal Aviation Administration (FAA) concerning General Electric CF6 series engines, CASA issued Australian AD/CF6/76. The State of Registry, in this case Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, thereby ensuring compliance with both international and domestic safety standards.
Failure to comply with the requirements set out in an airworthiness directive can result in serious consequences. Civil and criminal penalties may apply, depending on the severity and intent of the breach. Under section 36A of the Civil Aviation Act 1988, an aircraft is not to be flown if it is not in a condition that complies with an AD. Additionally, under section 36B, any person who contravenes an AD can be subject to fines and imprisonment. The specific penalties for these offences are not detailed in the provided text, but generally, the severity of the penalty will depend on the nature and impact of the non-compliance, with potential penalties including substantial fines and imprisonment for serious breaches.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives, ensuring the continuing airworthiness of aircraft registered in Australia. CASA has the authority to issue ADs based on assessments of directives issued by the State of Design, with obligations on the State of Registry to enforce these directives. Non-compliance can result in significant civil and criminal penalties, highlighting the importance of adherence to these safety regulations.