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 2009-19-07 affecting Teledyne Continental Motors (TCM) 470, 520 and 550 series reciprocating engines. The USA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CON/90, which will become effective on 7 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations for air navigation safety, and the Civil Aviation Safety Regulations 1998 further detail the implementation of these regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a legislative instrument that mandates safety requirements for specific aircraft types or aeronautical products. In line with international obligations under Annex 8 of the Convention on International Civil Aviation, CASA issues Australian ADs in response to ADs from the State of Design of aircraft on the Australian Register. This process ensures the continuing airworthiness of aircraft and maintains safety standards consistent with international practices. The issuance of Australian AD/CON/90, in response to the US FAA's AD 2009-19-07, exemplifies this mechanism and is made under the authority granted by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, 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, as they are disallowable instruments under the Acts Interpretation Act 1901, and thus must be registered under the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as stipulated under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is mandated to issue corresponding Australian ADs when necessary, to align with the directives issued by the State of Design. This ensures that Australian aircraft comply with international safety standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) outline the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of the CASR confirms that ADs are disallowable instruments under the Acts Interpretation Act 1901 and therefore constitute legislative instruments. This means that ADs are formal and binding instructions that are subject to parliamentary scrutiny and can be disallowed by either House of Parliament.
The State of Design, which in this case is the United States for Teledyne Continental Motors (TCM) engines, holds primary responsibility for the continuing airworthiness of aircraft types, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the continued airworthiness of aircraft types within their jurisdictions. The State of Registry, which for Australian-registered aircraft is CASA, is then tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft. When a State of Design, such as the US, issues an AD for a particular type of aircraft, CASA must evaluate this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements.
Under the provisions of the Civil Aviation Act 1988 and CASR, CASA issued Australian AD/CON/90 in response to US FAA AD 2009-19-07 for TCM 470, 520, and 550 series reciprocating engines. This directive became effective on 7 October 2009. Given that this AD is issued in accordance with international obligations and in response to an AD from the relevant State of Design, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was prepared by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, as per subsection 84A(2) of the Act.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, subjecting the offender to civil or criminal penalties. The maximum penalties for such offences can be substantial, reflecting the high stakes involved in ensuring the safety of air navigation. The specific penalties may vary depending on the nature and severity of the non-compliance but are designed to enforce strict adherence to airworthiness standards.