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 2007-04-19 Revision 1, affecting Teledyne Continental Motors (TCM) aircraft engines in 2007. USA the State of Design for TCM engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 2. The amended AD, AD/CON/87 Amendment 2, will become effective on 7 June 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, enacted by the Australian Parliament, serves to regulate civil aviation within Australia and ensure the safety of air navigation. The Act provides a legislative framework that allows for the creation of regulations to maintain safety standards in civil aviation, with a specific focus on ensuring the continuing airworthiness of aircraft. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs), which are legislative instruments designed to address safety issues with specific types of aircraft or aeronautical products. The policy objective is to align Australian regulations with international standards as stipulated by the Convention on International Civil Aviation, thereby maintaining consistent safety protocols across jurisdictions.
The Civil Aviation Safety Regulations 1998 further elaborate on the implementation of these directives, allowing the Civil Aviation Safety Authority (CASA) to issue ADs based on the recommendations from the State of Design. These regulations ensure that Australia meets its international obligations by adopting and adapting necessary airworthiness directives issued by other contracting states, such as the United States, to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the legal framework for issuing airworthiness directives (ADs) which are critical for ensuring the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must adhere to the disallowance provisions of the Acts Interpretation Act 1901. The ADs are primarily issued in response to the obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information for continuing airworthiness and on the State of Registry to ensure the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, where necessary, issuing equivalent ADs for aircraft registered in Australia. The process for issuing these ADs does not require consultation with the Australian public and is not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The issuance of these directives ensures compliance with international standards and maintains the safety of air navigation in Australia.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Section 98 of the Act grants the Governor-General the authority to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under this legislative framework, obligations are placed on both the State of Design and the State of Registry of an aircraft. The State of Design, which is responsible for the overall continuing airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft remains airworthy. This obligation extends to supplying information to other states, including the State of Registry, which is responsible for the individual aircraft's continuing airworthiness. When a State of Design issues an AD, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess the provided information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the provisions of these ADs could result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state specific penalties for non-compliance with ADs. However, broader aviation regulations and the Act itself impose significant penalties for breaches that endanger safety. Such penalties can include substantial fines, imprisonment, or both, depending on the severity and impact of the non-compliance. The consequences for failing to adhere to airworthiness directives are serious, reflecting the critical importance of maintaining air safety standards.