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 2007-04-19 affecting Teledyne Continental Motors (TCM) 470, 520 and 500 series aircraft engines in 2007. USA is the State of Design for TCM engine types. There was an error in the FAA AD and accordingly, as a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/CON/87 Amendment 1, will become effective on 5 March 2007. 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 provide a legal framework for ensuring the safety and efficiency of civil aviation in Australia. The Act authorises the Governor-General to make regulations for the safety of air navigation, thereby enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that align with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation maintains global safety standards. The authority to issue ADs is exercised in response to identified safety issues and international obligations, with CASA acting on directives issued by the State of Design or in response to international safety concerns. This approach ensures the continuing airworthiness of aircraft registered in Australia, fulfilling the policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are designed to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international obligations under the Convention on International Civil Aviation. The ADs serve to mandate requirements set forth by the State of Design and are integral to maintaining the safety standards of aviation. As an example, in response to an error in an AD issued by the United States Federal Aviation Administration concerning Teledyne Continental Motors engines, CASA amended the corresponding Australian AD, resulting in AD/CON/87 Amendment 1, which became effective on 5 March 2007. Given the nature of these directives as regulatory responses to international obligations, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legal instruments designed to ensure the continuing airworthiness of aircraft and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that they are subject to certain parliamentary scrutiny procedures. Additionally, as per section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments. Such directives are essential for maintaining the safety standards of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design assumes responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction.
Entities governed by these regulations, particularly CASA, must comply with the mandates set forth in the airworthiness directives. This includes CASA's responsibility to evaluate information from the State of Design, such as the USA Federal Aviation Administration (FAA), and to issue corresponding ADs to ensure Australian-registered aircraft meet safety standards. For example, CASA has amended the Australian AD for Teledyne Continental Motors (TCM) 470, 520, and 500 series aircraft engines to align with the FAA’s corrected AD 2007-04-19, resulting in AD/CON/87 Amendment 1. This directive became effective on 5 March 2007, replacing the previous version. Such amendments are issued without public consultation due to Australia's obligations under the Convention on International Civil Aviation and the need to respond promptly to safety concerns raised by the State of Design.
Failure to comply with the requirements set out in these airworthiness directives can lead to significant legal and safety consequences. While specific offences and penalties are not detailed within the text, non-compliance with ADs generally can result in severe penalties, including fines and imprisonment, as well as potential civil liabilities. These consequences underscore the importance of adhering to the mandates outlined in the ADs to maintain the highest standards of aviation safety.