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 2000-11-12 affecting General Electric CF6 engines. United States of America is the State of Design for General Electric CF6 engines. CASA has assessed this AD and has issued Australian AD/CF6/82, 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 was enacted to provide a legislative framework governing the safety and efficiency of civil aviation in Australia, addressing the need for a cohesive regulatory system to oversee aviation activities. As per section 98 of this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further operationalise these objectives by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure the continuing airworthiness of aircraft in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety standards for its civil aviation sector.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which pertain to the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) to ensure the safety and continuing airworthiness of aircraft. These regulations apply to any person or entity involved in the design, production, maintenance, or operation of aircraft in Australia, extending to all aircraft registered within the country and those operated by Australian entities, regardless of location. The ADs issued under these regulations are legislative instruments and are integral to complying with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, typically the country where an aircraft type is designed, has the primary responsibility for issuing ADs, and Australia, as a State of Registry, must implement these directives within its jurisdiction. This process ensures that all aircraft operating in Australia meet necessary safety standards as dictated by the Convention on International Civil Aviation. The ADs do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the reliance on international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, as stipulated in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Airworthiness directives are crucial for maintaining the safety of aircraft in accordance with the requirements laid out in Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, must provide necessary information to ensure its continuing airworthiness, which is then adopted or developed by the State of Registry, such as CASA in Australia.
Obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian airworthiness directives in response to those issued by the State of Design. For example, the Federal Aviation Administration (FAA) issued AD 2000-11-12 for General Electric CF6 engines, with the United States being the State of Design. CASA has evaluated this directive and issued its own AD/CF6/82, effective from 11 November 2010. This ensures that all relevant aircraft within Australia's jurisdiction comply with international safety standards.
Breaching the requirements set out in an airworthiness directive can lead to serious civil or criminal consequences. Under section 98 of the Civil Aviation Act 1988, the Governor-General may impose penalties for non-compliance, which can include fines and imprisonment. The exact penalties vary depending on the severity of the breach and the specific regulations violated. It is critical for aircraft operators and owners to adhere strictly to these directives to avoid legal repercussions and to ensure the safety of air navigation.
In summary, the Civil Aviation Safety Regulations 1998 mandate that CASA issue airworthiness directives based on assessments of international directives issued by the State of Design. Failure to comply with these directives can result in significant penalties, reinforcing the importance of adhering to safety regulations to maintain the integrity of air navigation in Australia.