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 has issued AD 2001-12-20 affecting General Electric CF6 engines. USA is the State of Design for this engine type. CASA has assessed this AD and has issued Australian AD/CF6/80, which will become effective on 11 November 2010.
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, Continuing 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 to ensure the safety of air navigation, empowers the Governor-General to create regulations under section 98, with the Civil Aviation Safety Regulations 1998 further detailing the issuance of airworthiness directives (ADs) through regulation 39.001. These ADs are legislative instruments under the Legislative Instruments Act 2003, intended to maintain the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. This regulatory framework ensures that the State of Registry, in this case CASA acting on behalf of Australia, must adopt measures to ensure compliance with ADs issued by the State of Design, such as the FAA's AD 2001-12-20 affecting General Electric CF6 engines. The issuance of Australian AD/CF6/80 by CASA follows the assessment of the FAA's directive and reflects Australia's commitment to international aviation safety standards without the need for public consultation due to its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are issued to ensure compliance with safety standards, particularly in response to international obligations under the Convention on International Civil Aviation. The State of Design, responsible for the continuing airworthiness of aircraft types, issues ADs, and the State of Registry, which is the country where the aircraft is registered, is tasked with enforcing these directives within its jurisdiction. In Australia, CASA, acting as the national airworthiness authority, evaluates ADs issued by the State of Design and may issue corresponding Australian ADs to mandate the necessary safety measures. For instance, following the Federal Aviation Administration’s issuance of AD 2001-12-20 for General Electric CF6 engines, CASA issued Australian AD/CF6/80, effective from 11 November 2010. This process does not require public consultation or a Regulatory Impact Statement, as it is driven by international safety requirements and the statutory obligations of the relevant authorities.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This legislative framework is further specified by the Civil Aviation Safety Regulations 1998 (regulation 39.001), which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to act as the national airworthiness authority, ensuring that the continuing airworthiness of aircraft on the Australian Register aligns with international standards. Specifically, when the State of Design, such as the United States for General Electric CF6 engines, issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process is critical for maintaining the safety and airworthiness of aircraft operating within Australia, and it ensures compliance with international obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8.
In terms of compliance and enforcement, failure to adhere to the requirements specified in an airworthiness directive can result in significant consequences. Operators and owners of affected aircraft must comply with the mandated ADs, which may include inspections, repairs, or modifications to the aircraft. Non-compliance can lead to penalties, which might include fines or the grounding of the aircraft. The exact penalties are not specified within this excerpt, but they are typically outlined in the broader regulatory framework governing civil aviation in Australia.
In summary, the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensures that CASA can issue airworthiness directives to maintain the safety and airworthiness of aircraft within Australia. These directives are issued in response to international obligations and must be adhered to by all relevant parties, with potential penalties for non-compliance.