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.
Transport Canada has issued AD CF-2005-40 affecting Teledyne Continental piston engines. Transport Canada is responsible for the maintenance organisations that maintain these engines under Canadian rules. Due to improper maintenance by a Canadian maintenance organisation the engines do not meet their design standard. CASA has assessed this AD and has issued Australian AD/CON/85 which will become effective on 16 March 2006.
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 state that has control over the engines listed in the AD no consultation of the Australian public has taken place on this AD.
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 Australian Parliament, establishes the framework for ensuring the safety of air navigation in Australia. The Act grants the Governor-General the authority to make regulations under section 98, aimed at maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These directives are legislative instruments, disallowable under the Acts Interpretation Act 1901. The overarching goal of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. This involves CASA assessing and, where necessary, issuing Australian ADs to mandate requirements stemming from ADs issued by other states, such as Transport Canada's AD CF-2005-40, which led to CASA's AD/CON/85 concerning Teledyne Continental piston engines. This process ensures that Australian aircraft meet necessary safety standards, reflecting Australia's commitment to international aviation safety obligations.
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) for specific types of aircraft or aeronautical products, in accordance with regulation 39.001. These directives are legislative instruments that serve to mandate safety requirements for aircraft registered in Australia, ensuring compliance with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The ADs are particularly crucial when a State of Design issues a directive regarding aircraft types registered in Australia, necessitating CASA to issue corresponding Australian ADs. For example, in the case of Transport Canada’s AD CF-2005-40 concerning Teledyne Continental piston engines, CASA issued Australian AD/CON/85, reflecting Australia’s obligations under the Convention and its response to the Canadian directive. This process is conducted without public consultation due to the international obligations and the specific nature of the directive. The ADs are formulated by CASA officials, such as the Manager, New Technologies and Systems, in compliance with the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Act 1988, specifically under section 98, allow the Governor-General to make regulations that serve the interests of safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulation is further clarified in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus considered a legislative instrument under the Legislative Instruments Act 2003.
The Act imposes several obligations and requirements on the parties it governs. The State of Design, which is the state where the aircraft type is designed, bears the overall responsibility for the continuing airworthiness of that aircraft type under Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure the aircraft's continuing airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is obligated to assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Under the Civil Aviation Act 1988, there are specific offences, penalties, and consequences for breaches of the regulations. While the text does not detail specific penalties, it is implied that non-compliance with ADs or failure to meet airworthiness standards could result in severe consequences. Such consequences might include grounding of the aircraft, fines, or legal action against the parties responsible for non-compliance. The issuance of ADs under the Convention on International Civil Aviation underscores the importance of adhering to international standards to ensure safety in air navigation. The legislative process for issuing an AD, such as the one affecting Teledyne Continental piston engines, is conducted 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.