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 TCM GTSIO-520 series aircraft engines, in 2005. USA is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD/CON/84 to Amendment 2. The amended AD, AD/CON/84 Amendment 2, will become effective on 22 December 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 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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation of aircraft, air navigation, and related activities. Under this Act, the Governor-General is empowered to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs serve as legislative instruments, aimed at maintaining the continuing airworthiness of aircraft as per the requirements of the Convention on International Civil Aviation. The ADs are issued in response to international obligations and directives from the State of Design, ensuring alignment with global safety standards. In this context, CASA has amended an existing Australian AD to reflect changes made by the USA Federal Aviation Administration (FAA) for TCM GTSIO-520 series aircraft engines, illustrating the collaborative nature of international civil aviation regulation. The AD was issued by CASA, without the need for public consultation or a Regulatory Impact Statement, reflecting the urgency and necessity of such measures for maintaining aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia. The Act and its associated regulations apply to the issuance of ADs which pertain to specific kinds of aircraft or aeronautical products. These directives are issued to ensure the safety of air navigation and are applicable to any person or entity involved in the operation or maintenance of the affected aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is responsible for assessing and issuing ADs in response to directives from the State of Design or based on international obligations under the Convention on International Civil Aviation. The geographic reach of these regulations is national, as CASA is mandated to ensure the continuing airworthiness of aircraft registered in Australia. While ADs are legislative instruments and subject to disallowance, they do not require a Regulatory Impact Statement or public consultation, as they are issued in direct response to safety concerns raised by the State of Design or under international obligations.
Key Provisions
The key sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products (section 39.001(5)). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. ADs are integral to ensuring the continuing airworthiness of aircraft types and are mandated by international agreements, such as Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations on the parties governed by them are significant. The State of Design, which is the country where an aircraft type is designed, holds primary responsibility for ensuring the continuing airworthiness of that aircraft type (Annex 8). They must provide necessary information to States of Registry to maintain airworthiness. States of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within their jurisdiction (Annex 8). CASA, as Australia’s national airworthiness authority, has the obligation to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce those requirements.
Breaches of the provisions under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to various penalties and consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can have serious implications. Failure to adhere to ADs could result in the grounding of affected aircraft, which could have significant operational and financial repercussions for operators. Although the text does not specify maximum penalties, it is likely that significant fines and other legal actions could be imposed for non-compliance, particularly if such breaches result in safety incidents or accidents. Ensuring compliance with ADs is therefore critical to maintaining the safety standards required by Australian and international aviation regulations.