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 issued AD 2007-08-01 affecting General Electric CT7 engines. The United States is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/CT7/12 Amendment 1. The amended AD 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design or other Contracting States, and CASA must assess and, if necessary, implement these directives in Australia. This legislative framework ensures that Australia adheres to international standards while safeguarding the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) which are legislative instruments designed to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft and are issued by the State of Design in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must assess any relevant ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce these safety measures. This process ensures that aircraft registered in Australia meet the continuing airworthiness standards set by the relevant State of Design. While the ADs are issued to fulfil Australia’s international obligations under the Convention on International Civil Aviation, they are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus subject to specific legislative scrutiny and review processes within Australia.
Key Provisions
The Civil Aviation Act 1988, as amended by 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 (sections 98 and 39.001). These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a key mechanism for ensuring the continuing airworthiness of aircraft types, aligning with the requirements set forth in Annex 8 of the Convention on International Civil Aviation. In this particular instance, CASA has issued an AD for General Electric CT7 engines, amending the previous AD to AD/CT7/12 Amendment 1, which will take effect on 7 June 2007. This action is in response to an AD issued by the United States Federal Aviation Administration (FAA) as the State of Design for these engines.
The obligations under this legislation primarily rest with CASA as Australia's national airworthiness authority. CASA must assess the information provided by the State of Design and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. This includes cancelling and replacing previous ADs as required. The State of Registry for an individual aircraft also has the responsibility to ensure the continuing airworthiness of that aircraft, which involves adopting or developing requirements as necessary. Furthermore, the State of Design has an overarching responsibility to provide information necessary to ensure the continuing airworthiness of an aircraft type.
Failure to comply with the provisions of the ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties can include fines up to $33,000 for individuals and significantly higher amounts for corporations. Criminal penalties can include fines up to $165,000 for individuals and $825,000 for corporations, along with potential imprisonment. These penalties underscore the importance of adhering to the ADs issued by CASA.
Additionally, the ADs themselves carry significant weight under the legislative framework, as they are part of the continuing efforts to maintain the highest safety standards in civil aviation. The amendments and issuance of these directives are critical in addressing specific safety concerns, ensuring that aircraft and aeronautical products meet the necessary safety and airworthiness criteria.