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 2009-0009 affecting CFM International SA CFM56-7B turbofan engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM 56/28, which will become effective on 28 January 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs), which are regulations made by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for issuing ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory approach is in line with international standards set by the International Civil Aviation Organization (ICAO) and ensures that Australia meets its obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to safety concerns identified by the State of Design or other Contracting States, and they mandate specific actions to address identified issues, ensuring that all aircraft registered in Australia maintain the required safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The application of these directives extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an airworthiness directive, CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue a corresponding Australian directive. This process is exemplified by the issuance of Australian AD/CFM 56/28 in response to the European Aviation Safety Agency’s AD 2009-0009 concerning CFM International SA CFM56-7B turbofan engines, where France is the State of Design. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(5)). These ADs, as stated under section 98 of the Civil Aviation Act 1988, are made in the interest of air navigation safety. A significant aspect of these ADs is that they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the Civil Aviation Act 1988 and the associated regulations mandate that the State of Design, in this case France for CFM International SA CFM56-7B turbofan engines, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure the aircraft's continuing airworthiness. The State of Registry, in this context CASA as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue a corresponding AD to enforce the State of Design's requirements. This ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with the provisions of an AD can result in serious consequences. While the specific penalties for breaching ADs are not detailed in the text, non-compliance with airworthiness directives generally can lead to enforcement actions, fines, and potentially the grounding of aircraft. The gravity of these consequences underscores the importance of adhering to ADs to maintain the highest standards of aviation safety. The AD in question, issued in response to AD 2009-0009 from the European Aviation Safety Agency (EASA), will become effective on 28 January 2009, and is a direct reflection of Australia’s commitment to international aviation safety standards.