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 US FAA has issued AD 2007-16-10 affecting Teledyne Continental Motors 520 and 550 series engines. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CON/88 which will become effective on 30 August 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). This legislation was introduced to address the need for a comprehensive regulatory framework governing civil aviation in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation. The Act aims to ensure the continuing airworthiness of aircraft through the issuance of airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. In the context of the AD 2007-16-10 issued by the US Federal Aviation Administration for Teledyne Continental Motors engines, CASA issued Australian AD/CON/88 in response to the State of Design's obligations under the Convention, reflecting Australia’s commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives in Australia. The Act allows the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments and are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of these directives is in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing international directives and issuing corresponding Australian directives to ensure compliance with safety standards. For instance, CASA issued Australian AD/CON/88 in response to a US Federal Aviation Administration directive concerning Teledyne Continental Motors 520 and 550 series engines, reflecting Australia's commitment to international safety standards. Given the international nature and the specific technical requirements of these directives, they are typically issued without public consultation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the purpose of the Act and ensure the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, as per section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide all necessary information to ensure that the aircraft type remains airworthy, and this is typically communicated through ADs, which are widely adopted by ICAO Contracting States. In parallel, the State of Registry, which is the country where the individual aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, it is the duty of CASA, as Australia’s national airworthiness authority, to assess this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
In the specific case provided, the US Federal Aviation Administration (FAA) has issued AD 2007-16-10 concerning Teledyne Continental Motors 520 and 550 series engines. Given that the USA is the State of Design for this type of engine, CASA has evaluated this AD and subsequently issued Australian AD/CON/88, which will take effect on 30 August 2007. As this AD is issued in line with Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation on this AD has been conducted. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations are primarily on CASA and the State of Registry to ensure that airworthiness directives are appropriately assessed and enforced. CASA must meticulously review any ADs issued by the State of Design and determine their applicability to aircraft registered in Australia. Failure to comply with these directives could result in serious safety risks, making it imperative for CASA to act decisively in issuing and enforcing Australian ADs. In terms of consequences, any breach of these airworthiness requirements could lead to significant civil or criminal penalties, as determined by relevant aviation laws. The specific penalties for such breaches, however, are not detailed within this particular explanatory statement.