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 99-27-16R1 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 738/4, 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety and regulatory measures in the aviation industry. It grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation, as demonstrated by the issuance of airworthiness directives under section 98 of the Act. The Civil Aviation Safety Regulations 1998 further detail the regulatory processes, including the mechanism for issuing airworthiness directives by the Civil Aviation Safety Authority (CASA). The policy objective of this Act is to ensure the highest standards of safety and efficiency in civil aviation, aligning with international standards as set out in the Convention on International Civil Aviation. The Act reflects Australia's commitment to international cooperation in maintaining airworthiness standards, as seen in the issuance of Australian airworthiness directives in response to directives from the State of Design.
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) pertaining to specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are intended to ensure the safety of air navigation as outlined in the Civil Aviation Act 1988. The ADs issued by CASA are in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, in this case, the United States for the CFE 738 series engines, is responsible for the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, must assess these directives and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design. This particular AD, AD/CFE 738/4, issued in response to FAA’s AD 99-27-16R1, is set to become effective on 16 March 2006. Given the international obligations and the specific nature of these directives, no public consultation or Regulatory Impact Statement was required, and the AD was made by the Manager, New Technologies and Systems, on behalf of CASA.
Key Provisions
The primary sections of the Civil Aviation Act 1988, specifically section 98, empower the Governor-General to establish regulations intended to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the requirements of the Legislative Instruments Act 2003. This legal framework ensures that ADs are formal, enforceable directives aimed at maintaining the safety standards of aircraft and aeronautical products.
The obligations imposed by the Act and the accompanying regulations are multi-faceted. The State of Design, as defined by Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing all necessary information to States of Registry to maintain safety standards. States of Registry, in turn, must develop or adopt specific requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. For Australian-registered aircraft, CASA acts as the national airworthiness authority and is mandated to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures.
Breach of the obligations outlined in the Act and regulations can lead to significant consequences. While the specific offences and penalties are not explicitly detailed in the provided text, the general legal framework suggests that non-compliance with ADs could result in civil or criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, but could potentially include fines, imprisonment, or both. The legal structure implies that maintaining compliance with ADs is critical to ensuring the safety of air navigation and avoiding potential legal repercussions.
The Australian AD/CFE 738/4 issued by CASA is a direct response to AD 99-27-16R1 from the United States Federal Aviation Administration (FAA) concerning the CFE Company CFE 738 series engines. Given the international obligations under the Convention on International Civil Aviation and the specific circumstances of the AD issued by the State of Design, no public consultation was conducted, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required. This AD was formally made 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 Act, ensuring that the directive is both legally sound and aligned with international safety standards.