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. USA is the State of Design for TCM engine types. CASA has assessed this AD and has issued Australian AD/CON/87, which will become effective on 2 March 2007.
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 framework for regulating civil aviation in Australia, focusing on the safety and efficiency of air navigation. It empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, to ensure air safety. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, with such directives being legislative instruments under the Legislative Instruments Act 2003. This Act was designed to address the need for maintaining the continuing airworthiness of aircraft, as mandated by international conventions like Annex 8 to the Convention on International Civil Aviation. The problem it aimed to solve was ensuring that aircraft registered in Australia met international safety standards, necessitating the issuance of ADs when required by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, made 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. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The ADs are mandated by Australia’s commitments under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types, and the State of Registry the duty to implement these requirements. CASA, acting as Australia's national airworthiness authority, assesses and, if necessary, issues Australian ADs in response to directives from the relevant State of Design, such as the US Federal Aviation Administration's AD 2007-04-19 for Teledyne Continental Motors engines. These ADs apply to aircraft registered in Australia and are intended to ensure safety and compliance with international standards without requiring public consultation due to their nature and the international obligations underpinning them.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products (section 39.001(5)). This legislative process ensures that safety measures are implemented in a timely manner.
Under these provisions, the State of Design, which is responsible for the type of aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in its jurisdiction. When an AD is issued by the State of Design, such as the United States Federal Aviation Administration (FAA) in this case, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The AD issued by the FAA, known as AD 2007-04-19, pertains to Teledyne Continental Motors (TCM) 470, 520, and 500 series aircraft engines, which are designed in the USA. CASA has assessed this AD and issued Australian AD/CON/87, which will become effective on 2 March 2007. Given that this AD is issued in response to Australia’s obligations under the 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. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with ADs can result in severe consequences, as they are critical to maintaining the airworthiness of aircraft. CASA, as the national airworthiness authority, has the power to take enforcement action against those who fail to comply with ADs. This may include grounding aircraft, denying or revoking airworthiness certificates, and imposing fines or other penalties. The specific penalties for non-compliance would depend on the nature and severity of the breach, but they can be substantial. The Civil Aviation Safety Regulations 1998 outline the potential penalties for breaches, which can include fines up to $19,800 for individuals and $99,000 for corporations, as well as potential criminal charges for more serious violations.