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 2002-09-10 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 738/3, 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, establishes the framework for ensuring the safety of air navigation. One of its key mechanisms is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, which serve as a critical tool for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). These directives are imperative in ensuring that aircraft meet the necessary safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are often issued in response to findings by the State of Design, and CASA, as Australia’s national airworthiness authority, is tasked with assessing and implementing these directives for aircraft registered in Australia. In the absence of public consultation, this AD is issued under the authority granted by the Act, specifically in response to an AD issued by the United States Federal Aviation Administration (FAA) for the CFE 738 series engines, with CASA issuing AD/CFE 738/3 to align with international safety obligations.
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 specified types of aircraft or aeronautical products, thereby ensuring compliance with the safety standards outlined in the Civil Aviation Act 1988. This regulatory framework applies to all aircraft and aeronautical products registered in Australia, including those manufactured domestically and those imported from other countries. CASA, acting as Australia's national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they must align with the international standards set forth in Annex 8 to the Convention on International Civil Aviation. As such, ADs do not require public consultation or a Regulatory Impact Statement, given their international obligations and the nature of their issuance in response to directives from the State of Design. This legislative approach ensures that Australian aviation safety standards are consistent with international practices, thereby maintaining the safety and integrity of the Australian aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, which is a core principle underpinning these statutes. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design of an aircraft type must provide necessary information to ensure its continuing airworthiness, and that the State of Registry must implement requirements to maintain this airworthiness.
The obligations imposed by these regulations require CASA to carefully assess any ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA) in this case. Upon assessing the AD 2002-09-10 issued by the FAA concerning CFE Company’s CFE 738 series engines, CASA determined that it was necessary to issue an Australian AD to enforce the same requirements domestically. Australian AD/CFE 738/3, issued by CASA, mandates compliance with the AD 2002-09-10 for aircraft registered in Australia. The issuing of such ADs is a critical function of CASA’s role as the national airworthiness authority, ensuring that all aircraft operating in Australia meet safety standards set by international conventions and national regulations.
Breaching the requirements set out in an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD is an offence. The Act provides for various penalties for such violations, which can include substantial fines and, in serious cases, imprisonment. The specific penalties depend on the severity of the breach and the circumstances under which it occurred. In addition to criminal penalties, operators may also face administrative penalties imposed by CASA, which can further include the grounding of non-compliant aircraft until the required safety measures are implemented. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards expected in Australian aviation.