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 USA FAA has issued AD 2005-20-04 affecting Teledyne Continental (TCM) model GTSIO-520 series aircraft engines. USA is the State of Design for TCM engines. CASA has assessed this AD and as a result has cancelled Australian AD/CON/71 Amendment 2. The cancellation will become effective on 01 November 2005. An equivalent CASA AD/CON/84 Amendment 1 based on FAA AD 2005-20-04 has been issued to replace AD/CON71 Amendment 2.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 Commonwealth Parliament, provides a legislative framework to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. A key tool under the Act is the issuance of airworthiness directives (ADs), which are regulatory instruments made by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a means to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft operating in Australia meet the necessary safety standards and to harmonise Australian practices with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are integral to ensuring the continuing airworthiness of aircraft types. The application of these regulations extends to any aircraft or aeronautical products registered in Australia, thereby encompassing all relevant entities and industries within the Australian civil aviation sector. The geographic reach of this legislation is national, as CASA, acting as Australia's national airworthiness authority, is responsible for enforcing and monitoring compliance with these directives. Any AD issued by CASA is subject to disallowance, and the regulations also align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry have respective responsibilities for an aircraft's airworthiness. Exemptions or exclusions from these regulations are not specified in the provided text, and any further restrictions or extensions of application are managed through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issue of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the power to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This authority is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument, thus making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs are a critical component of maintaining the continuing airworthiness of aircraft, ensuring that all aircraft types meet safety standards set forth by the International Civil Aviation Organization (ICAO).
Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry. The State of Registry, in this case, CASA, must then ensure that the aircraft remains airworthy. When a State of Design issues an AD, such as the FAA's AD 2005-20-04 for Teledyne Continental GTSIO-520 series engines, CASA must assess the directive and, if necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft comply with international safety standards.
CASA's obligations under these regulations include the assessment and issuance of ADs based on directives from States of Design, such as the FAA. In this instance, CASA has cancelled Australian AD/CON/71 Amendment 2 and issued AD/CON/84 Amendment 1 based on FAA AD 2005-20-04. This action is in response to international obligations and does not require public consultation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties, including fines and imprisonment. Specifically, section 39.001(6) of the Regulations states that non-compliance with an AD can lead to a maximum penalty of 5,000 penalty units for individuals and 25,000 penalty units for corporations. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft or denying airworthiness certification. These measures are critical to ensuring that all aircraft operating in Australia meet the necessary safety standards.