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 2004-08-10 amendment 39-13579 affecting Teledyne Continental Motors 520 series and 550 series engines. USA is the State of Design for these engine types. CASA has assessed this AD and has issued Australian AD/CON/86, which will become effective on 11 May 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 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 provide a comprehensive legal framework for civil aviation in Australia, with a particular emphasis on ensuring the safety and efficiency of air navigation. One of the mechanisms established under the Act is the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that all aircraft within Australia's jurisdiction meet the required safety standards. The Civil Aviation Act 1988, along with the associated regulations, addresses the need for a cohesive and enforceable system to maintain the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation by ensuring all aircraft are subject to consistent and rigorous safety oversight.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, apply to all aircraft registered in Australia and to the continuing airworthiness of such aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) which are binding on the aircraft operators and owners. The ADs are legislative instruments, as stipulated in the Acts Interpretation Act 1901, and they are typically issued in response to safety concerns identified by the aircraft's State of Design. In the case of engines such as the Teledyne Continental Motors 520 series and 550 series, the United States of America, as the State of Design, issues an AD, which CASA then assesses and, if necessary, adapts to Australian conditions with its own AD. This process ensures compliance with Australia’s obligations under the Convention on International Civil Aviation, and thus no public consultation or Regulatory Impact Statement is required. CASA issues these ADs under the authority granted by the Civil Aviation Act 1988, specifically through the Manager of New Technologies and Systems within the Manufacturing, Certification and New Technologies Office.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901, and must adhere to the requirements outlined in the Legislative Instruments Act 2003. An AD is essentially a directive issued to ensure the continuing airworthiness of an aircraft type, a responsibility that lies with the State of Design according to Annex 8 of the Convention on International Civil Aviation. In the case of aircraft on the Australian Register, CASA, as the national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the originating AD.
The obligations under the Civil Aviation Safety Regulations 1998 are primarily focused on ensuring the continuing airworthiness of aircraft within Australia. The State of Registry, which is Australia in this context, must develop or adopt requirements that guarantee the ongoing airworthiness of aircraft registered within its territory. When an AD is issued by the State of Design, such as the USA in the case of Teledyne Continental Motors 520 series and 550 series engines, CASA is required to evaluate this information. If CASA deems it appropriate, it must issue a corresponding Australian AD to mandate the requirements of the original AD. This process is crucial for maintaining the safety standards of aircraft operating in Australia, in alignment with international civil aviation conventions.
Breaching the requirements of an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is considered an offence. The Act stipulates that any person who fails to comply with an AD commits an offence and is liable to penalties. The maximum penalty for an individual is typically a fine of up to $16,500 or imprisonment for up to six months, or both. For corporate entities, the penalties can be significantly higher, potentially reaching up to $82,500, reflecting the serious nature of non-compliance with airworthiness directives. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australia.