CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued 97-26-17 amendment 39-10260, affecting Teledyne Continental Motors (TCM) aircraft engines, in 1998. USA is the State of Design for TCM Engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/CON/82 Amendment 1, will become effective on 12 May 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific procedures such as the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. This legislation aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type, with States of Registry implementing the necessary measures to ensure compliance. ADs are the primary means through which States communicate continuing airworthiness information, and as such, Australia, through CASA, issues corresponding ADs to mandate the requirements of the relevant State of Design. This ensures consistency and safety in international aviation practices.
Scope and Application
The Civil Aviation Regulations 1998 under the Civil Aviation Act 1988 pertain to the regulation of airworthiness directives (ADs) for aircraft and aeronautical products, which are established to ensure the safety of air navigation. Specifically, Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft and aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore legislative instruments under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is aligned with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates that necessary information be shared with appropriate States of Registry to maintain safety standards. The State of Registry, which is Australia in this context, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This AD, AD/CON/82 Amendment 1, applies to aircraft engines manufactured by Teledyne Continental Motors and is issued in response to a directive from the United States, the State of Design for these engines. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act provides the Governor-General with the authority to make regulations necessary for the safety of air navigation, while section 39.001 of the Regulations grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These provisions impose obligations on CASA, as Australia's national airworthiness authority, to assess any ADs issued by the State of Design of an aircraft type and, if necessary, to issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This responsibility aligns with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must adopt or develop requirements to ensure the airworthiness of individual aircraft. This international framework necessitates that CASA act upon ADs issued by the State of Design to maintain the safety standards required under Australian law.
Failure to comply with ADs can lead to significant consequences. Non-compliance with an AD could potentially result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA. Such actions may include grounding the aircraft, imposing fines, or taking other regulatory measures to ensure compliance. Although the specific penalties for non-compliance are not detailed in the provided text, they are likely to be severe given the importance of airworthiness directives in maintaining aviation safety standards. The potential penalties may include both civil and criminal liabilities, depending on the nature and severity of the non-compliance.