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 2009-11-02 affecting CFM International CFM56 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM 56/31, which will become effective on 2 July 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 legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. One of its key provisions allows the Governor-General to make regulations in the interests of air navigation safety, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft and aeronautical products. The policy objective underpinning these regulations is to align Australian practices with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for ensuring an aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, plays a critical role in implementing these directives, particularly when corresponding directives are issued by other contracting states, such as the United States in the case of the CFM56 series engines.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This authority is exercised in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. When an AD is issued by a State of Design, such as the United States FAA in the case of CFM International CFM56 series engines, CASA, as Australia's national airworthiness authority, is required to assess the AD and issue a corresponding Australian AD if deemed appropriate. This process ensures that aircraft registered in Australia comply with international standards and maintain their airworthiness. The issuance of ADs is governed by the Civil Aviation Act 1988, and these directives are considered legislative instruments under the Legislative Instruments Act 2003, necessitating that they be disallowable instruments. Notably, due to the international nature of ADs, no public consultation is required, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Cth), under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in section 98 of the Civil Aviation Act 1988 (Cth). An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901 (Cth) and is subject to the Legislative Instruments Act 2003 (Cth). These directives are critical for ensuring the continuing airworthiness of aircraft, and they are mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the airworthiness of aircraft types, and they must provide necessary information to the States of Registry to maintain this airworthiness. In Australia, CASA is the national airworthiness authority responsible for assessing and, if necessary, issuing Australian ADs to comply with the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA is obliged to evaluate any ADs issued by the State of Design and to issue corresponding Australian ADs if deemed necessary. This obligation ensures that Australian aircraft meet the international standards set forth by the Convention on International Civil Aviation. For example, following the issuance of AD 2009-11-02 by the United States Federal Aviation Administration (FAA) concerning CFM International CFM56 series engines, CASA has issued Australian AD/CFM 56/31. This AD will take effect on 2 July 2009. The process of issuing ADs under these regulations is streamlined due to Australia's obligations under the Convention and the need to respond to directives from the relevant State of Design, which means that public consultation is not required.
Failing to comply with an AD can result in serious consequences under the Civil Aviation Act 1988. The Act imposes strict obligations on aircraft operators to adhere to ADs, and non-compliance can lead to severe penalties. Specifically, section 84A of the Act provides that any person who contravenes an AD can be subject to criminal penalties, including fines of up to $162,000 for individuals and $810,000 for corporations, as well as potential imprisonment for up to five years. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for the operators.
Furthermore, in the event of an accident or incident related to non-compliance with an AD, the operator may face additional civil liability under the law. The stringent nature of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation. Therefore, it is imperative for all parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 to fully comply with the requirements set forth by these directives.