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 United States FAA has issued AD 2009-16-03 affecting Teledyne Continental Motors IO-520, TSIO-520 and IO-550 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CON/89 which will become effective on 24 September 2009.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that support the Act’s objectives, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft and aeronautical products. They are crucial for continuing airworthiness as per Annex 8 to the Convention on International Civil Aviation, which allocates the responsibility to the State of Design for the ongoing airworthiness of an aircraft type. The State of Registry, in turn, is responsible for the airworthiness of individual aircraft, necessitating the adoption of requirements to ensure their safety. The Civil Aviation Safety Authority (CASA) issues Australian ADs when the State of Design issues directives for aircraft types on the Australian Register, thus fulfilling Australia’s international obligations. In the case of AD 2009-16-03 issued by the United States Federal Aviation Administration, CASA issued Australian AD/CON/89, reflecting the need to comply with international standards and obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation in Australia. This legislation applies to all entities and individuals involved in the operation of aircraft within Australia, including aircraft owners, operators, and manufacturers. The Act and accompanying regulations pertain to the safety and airworthiness of aircraft and aeronautical products, ensuring compliance with national and international standards. The scope of the Act extends to the issuance of airworthiness directives (ADs), which are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate compliance with safety requirements. These ADs apply to specific types of aircraft or aeronautical products, as outlined in the regulations. The jurisdictional reach of the Act is national, as it is administered by CASA, Australia's national airworthiness authority. The Act does not require consultation with the public for ADs issued under the Convention on International Civil Aviation, nor does it require a Regulatory Impact Statement for such directives. The ADs are issued in response to directives from the State of Design, and CASA's role is to assess and, if necessary, mandate these requirements within Australia.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, as referenced in section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft by addressing safety concerns or defects identified by the State of Design, which is the country where the aircraft type was originally designed. For example, under regulation 39.001(5), an AD issued by CASA is considered a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Registry, which is the country where the individual aircraft is registered, is responsible for ensuring the continuing airworthiness of the aircraft, and must comply with the ADs issued by CASA.
The obligations and requirements imposed by the Act and the Regulations on the parties involved include the necessity for CASA to assess the ADs issued by the State of Design and to issue corresponding Australian ADs if appropriate. The State of Design, such as the United States in the case of Teledyne Continental Motors engines, must provide information and directives to ensure the continuing airworthiness of aircraft types. The State of Registry must then adopt and implement these directives to ensure compliance with safety standards. CASA’s role is to evaluate the foreign ADs and determine if they should be adopted in Australia, thereby ensuring that all aircraft registered in Australia meet the necessary safety standards.
There are specific consequences for breaching the provisions of the ADs. While the specific penalties are not detailed in the provided text, generally, non-compliance with ADs can result in significant civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties could be imposed, leading to imprisonment. These penalties underscore the importance of adhering to the ADs to maintain the safety and airworthiness of aircraft in Australia. CASA has the authority to enforce these regulations and can take action against entities or individuals who fail to comply with the issued directives.