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 issued AD 2005-20-04 affecting Teledyne Continental (TCM) model GTSIO-520 series aircraft engines in 2005. 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/84 Amendment 1, will become effective on 02 November 2005. This AD cancels and replaces the previous issue as well as AD/CON/71 Amendment 2.
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 address the need for comprehensive regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, with the overarching objective of safeguarding air navigation. One significant regulation made under this Act is the Civil Aviation Safety Regulations 1998, which includes provisions for issuing airworthiness directives (ADs) as mandated by regulation 39.001. These ADs are legislative instruments subject to disallowance, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In alignment with international standards set by the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, and the State of Registry must implement measures to ensure compliance with these standards. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety protocols for aircraft registered within its territory.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs apply to aircraft registered in Australia and serve as a legislative instrument under Australian law. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of the aircraft, and must comply with the directives issued by the State of Design. In the case of the Teledyne Continental (TCM) model GTSIO-520 series aircraft engines, the USA Federal Aviation Administration (FAA) issued an AD in 2005, prompting CASA to amend the equivalent Australian AD to Amendment 1, which became effective on 02 November 2005. Given Australia's obligations under the Convention on International Civil Aviation and the AD raised by the relevant State of Design, no consultation of the Australian public was undertaken, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and further elaborated in section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation assigns the State of Design the responsibility of ensuring the continuing airworthiness of an aircraft type and requires it to provide necessary information to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review the information and, if deemed appropriate, issue a corresponding Australian AD.
Entities governed by the Civil Aviation Safety Regulations 1998 face several obligations and requirements. They must comply with any ADs issued by CASA, which are informed by international standards and directives from the State of Design. This includes implementing any maintenance, repair, or modification actions specified in the ADs to ensure the continuing airworthiness of the aircraft. Additionally, the State of Registry must establish a system to monitor and enforce compliance with ADs, ensuring that aircraft continue to meet safety standards. CASA must also ensure that ADs are issued in a timely manner in response to safety issues identified by the State of Design. These directives must be communicated effectively to all relevant stakeholders, including aircraft operators and maintenance providers.
Failure to comply with ADs can result in significant legal consequences. Civil and criminal penalties may be imposed for non-compliance, reflecting the serious nature of ensuring aviation safety. Under the Civil Aviation Act 1988, a person who contravenes an AD may be liable for a civil penalty of up to $500,000 for a corporation and $100,000 for an individual. Additionally, criminal penalties can apply, with potential fines of up to $5.5 million for a corporation and $1.1 million for an individual. These penalties underscore the importance of adhering to ADs to maintain the safety and integrity of Australia’s aviation system. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, to ensure compliance with safety regulations.