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 2011-26-04 affecting Teledyne Continental Motors fuel injected horizontally opposed piston engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CON/60, Amendment 3, which will become effective on 25 January 2012. This AD cancels and replaces the previous issue.
This AD is issued because CASA considers it appropriate to do so in view of Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has taken place because it is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to provide a legislative framework for the regulation of civil aviation within the country, with a primary focus on ensuring the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General has the power to create regulations aimed at safeguarding air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. The issuance of these directives is aligned with Australia's international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design for an aircraft type is responsible for its continuing airworthiness, and requires this information to be shared with the States of Registry. In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Teledyne Continental Motors fuel injected horizontally opposed piston engines, CASA has issued Australian AD/CON/60, Amendment 3, effective from 25 January 2012. This action is taken in line with Australia's commitment to international civil aviation standards and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA, as Australia’s national airworthiness authority, has the power to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation. When a State of Design issues an AD, CASA assesses the information and, if necessary, issues an Australian AD to enforce the requirements on aircraft registered in Australia. The ADs are designed to ensure the continuing airworthiness of aircraft, with the State of Registry being responsible for the ongoing compliance of individual aircraft. In the case of AD 2011-26-04 issued by the US FAA for Teledyne Continental Motors fuel injected engines, CASA has issued the corresponding Australian AD/CON/60, Amendment 3, effective from 25 January 2012, replacing the previous issue. The AD process does not require public consultation or a Regulatory Impact Statement as it directly responds to ADs issued by the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, as referenced in the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is detailed under regulation 39.001. These ADs are crucial for ensuring the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in response to the obligations of the State of Design and must be assessed and, if appropriate, adopted by the State of Registry, in this case CASA, to mandate the requirements for aircraft on the Australian Register.
Under the Civil Aviation Safety Regulations 1998, CASA, as the national airworthiness authority, has specific obligations to ensure the continuing airworthiness of aircraft registered in Australia. When the State of Design issues an AD, such as the one from the United States Federal Aviation Administration (FAA) for Teledyne Continental Motors fuel injected engines, CASA must evaluate this information. If deemed necessary, CASA must issue an Australian AD to enforce these requirements on aircraft registered in Australia. Additionally, CASA must ensure that these directives are compatible with international obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8, which mandates the State of Design's responsibility for continuing airworthiness.
The ADs themselves establish specific technical requirements and procedures that must be followed by aircraft operators, maintenance personnel, and other relevant parties. These requirements are designed to address safety issues or maintenance actions necessary to maintain the airworthiness of the affected aircraft. The obligations placed on the parties governed by these regulations include compliance with the ADs, ensuring that all mandated actions are performed within specified timeframes, and maintaining records of compliance.
Failure to comply with the ADs can result in significant consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, fines, and potential criminal charges. The specific penalties depend on the nature and severity of the breach but can include substantial fines and, in severe cases, imprisonment. The Civil Aviation Safety Regulations 1998, in conjunction with other aviation legislation, provide the framework for these penalties, ensuring that airworthiness standards are strictly upheld to maintain the safety of air navigation.