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 2000-23-12 affecting CFE Company CFE 738 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFE 738/1, which will become effective on 16 March 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for civil aviation safety and regulation in Australia. The Act addresses the need for comprehensive safety measures in air navigation and aircraft operations, aiming to protect public safety and ensure the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives are crucial for maintaining airworthiness standards and ensuring compliance with international civil aviation conventions, particularly those set by the International Civil Aviation Organization (ICAO). The policy objective is to align Australia's aviation safety regulations with international standards, thereby enhancing the safety and reliability of air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, being legislative instruments, mandate specific actions to maintain the airworthiness of aircraft. Such directives are critical for ensuring safety in air navigation, as they align with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. For instance, when the United States Federal Aviation Administration (FAA) issued AD 2000-23-12 concerning CFE 738 series engines, CASA, acting as Australia’s national airworthiness authority, assessed the directive and issued an Australian AD to enforce the same requirements domestically. This process underscores Australia's commitment to international safety standards and its adherence to obligations under the Convention on International Civil Aviation. Given the international nature of such directives, there is no requirement for public consultation or a Regulatory Impact Statement. The issuance of this AD was executed by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulatory framework ensures that the continuing airworthiness of aircraft and aeronautical products is maintained to the highest safety standards. Under subregulation 39.001(5), ADs are recognised as disallowable instruments, thus classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These regulations impose specific obligations on the State of Design and the State of Registry. The State of Design, which in this case is the United States for the CFE 738 series engines, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the appropriate States of Registry, which in this instance is Australia. CASA, as Australia's national airworthiness authority, must then assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian registered aircraft meet international safety standards and comply with relevant regulatory mandates.
Failure to comply with the airworthiness directives can result in significant legal consequences. Civil penalties may be imposed for non-compliance with ADs, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These penalties can include fines and other civil sanctions. In more severe cases, non-compliance could lead to criminal charges, particularly if the failure to comply results in harm or endangerment of passengers or crew. The maximum penalties for such offences are detailed in the relevant sections of the Act and the Regulations, providing a clear deterrent against non-compliance.