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 EASA has issued AD 2007-0104 affecting CFM International CFM56-7 engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM56/26 which will become effective on 11 May 2007.
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 Parliament of Australia, serves to regulate civil aviation within Australia, ensuring safety and efficiency in the industry. One of the critical aspects of this regulation is the issuance of airworthiness directives (ADs) as detailed in the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is empowered under regulation 39.001 of these regulations to issue ADs concerning specific types of aircraft or aeronautical products. This legislative framework is designed to uphold the safety of air navigation as stipulated under section 98 of the Act. The ADs are considered legislative instruments, subject to disallowance, as outlined in the Legislative Instruments Act 2003. This mechanism ensures that any AD issued aligns with Australia’s international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types, which is the responsibility of the State of Design. CASA, acting as Australia's national airworthiness authority, plays a pivotal role in ensuring that these international directives are appropriately assessed and implemented within Australia, thereby maintaining the high safety standards required in the aviation sector.
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) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft registered in Australia and entities involved in the operation, maintenance, and certification of these aircraft, including manufacturers, operators, and maintenance service providers. The ADs are issued in compliance with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is required to assess information from the State of Design and, if necessary, issue Australian ADs to enforce these requirements. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued by CASA officials under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of this legislation focus on the issuance and implementation of airworthiness directives (ADs) in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument and thus a legislative instrument under the Legislative Instruments Act 2003.
These provisions outline the obligations placed on parties such as CASA and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the State of Design's requirements.
In terms of legal consequences, while the specific penalties for non-compliance with ADs are not detailed in the provided text, it can be inferred that failure to adhere to ADs could lead to serious safety issues. Such non-compliance might attract civil or criminal penalties, though the exact nature and severity of these penalties would be determined by the specific circumstances and applicable laws. The process for issuing ADs, as described, ensures that they are aligned with international standards and aimed at maintaining the highest levels of aviation safety.