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 French DGAC issued AD 97-327(b), affecting CFM International CFM 56 series engines. France is the State of Design for engine series. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CFM56/9 Amendment 1 which will become effective on 6 July 2006. This AD cancels and replaces the previous issue.
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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations, which are instrumental in maintaining safety standards within air navigation. The Civil Aviation Safety Regulations 1998 further detail these regulatory measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, as outlined in regulation 39.001, are legislative instruments aimed at ensuring the continuing airworthiness of aircraft and aeronautical products, thereby addressing gaps in safety standards and aligning with international obligations under the Convention on International Civil Aviation. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can effectively mandate safety requirements in response to directives from States of Design, such as the recent amendment to AD/CFM56/9 Amendment 1 issued in alignment with international ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products and are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry, which include Australia. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and issue an Australian AD if appropriate. In this case, CASA amended the Australian AD for CFM International CFM 56 series engines in response to a French AD, reflecting Australia's obligations under the Convention on International Civil Aviation. The amendment, effective from 6 July 2006, cancels and replaces the previous AD, and as it is a response to an international AD, no consultation with the Australian public was required. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as defined in the Legislative Instruments Act 2003. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation. According to this Annex, the State of Design holds primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry is tasked with overseeing the airworthiness of individual aircraft. When a State of Design issues an AD, such as the French DGAC’s AD 97-327(b) concerning CFM International CFM 56 series engines, CASA must evaluate the directive and, if deemed appropriate, issue a corresponding Australian AD. This ensures compliance with international aviation safety standards and mandates the necessary requirements for aircraft within Australia’s jurisdiction.
In accordance with the Civil Aviation Safety Regulations 1998, CASA is obligated to assess any ADs issued by the State of Design and determine if an equivalent AD needs to be issued for Australian aircraft. This assessment ensures that all aircraft registered in Australia meet the necessary safety standards and comply with international aviation regulations. CASA’s role is pivotal in maintaining the safety and airworthiness of aircraft in Australia, particularly when international directives are applicable. The obligation extends to reviewing and, if necessary, issuing Australian ADs that reflect the requirements of the State of Design, ensuring that all stakeholders are informed and compliant with the latest safety mandates.
Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 can result in significant legal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is understood that failure to adhere to airworthiness directives can lead to serious safety risks. Consequently, individuals or entities found in breach of these regulations may face enforcement actions, including fines or other penalties as prescribed by the relevant aviation authorities. The severity of the penalties can vary depending on the nature and extent of the non-compliance, but the overarching goal is to ensure that all parties maintain the highest standards of air safety and operational integrity.