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 2005-18-01 affecting General Electric CT7 turboprop engines. The United States is the State of Design for these engine models. CASA has assessed this AD and has issued Australian AD/CT7/12, which will become effective on 22 December 2005.
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 legal framework for the regulation of civil aviation in Australia. This legislation was introduced to address the need for a unified system to govern the safety and efficiency of air navigation within Australian airspace. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with a specific focus on ensuring the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, which were made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for aircraft types and aeronautical products registered in Australia. These directives are critical for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, plays a pivotal role in assessing and issuing ADs in accordance with international obligations and under the authority granted by the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a legislative instrument to ensure the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Act 1988 provides the overarching framework, allowing the Governor-General to enact regulations for air navigation safety, and mandates CASA to assess and, if necessary, issue ADs based on the information provided by the State of Design. The application of these ADs is jurisdictional, with CASA acting on behalf of Australia in compliance with international obligations. Importantly, these directives do not necessitate public consultation or a Regulatory Impact Statement, given their international compliance and technical nature. CASA’s role as the national airworthiness authority ensures that Australian registered aircraft meet international safety standards, thereby protecting both domestic and international airspace safety.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for this purpose, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under the Act and the Regulations, CASA has the responsibility to assess and potentially issue ADs when the State of Design issues an AD that affects aircraft registered in Australia. This is in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and the requirement to provide necessary information to the State of Registry, which in Australia is CASA. The ADs serve as the primary means of ensuring continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including the United States, which is the State of Design for General Electric CT7 turboprop engines.
CASA issued Australian AD/CT7/12 in response to the United States FAA’s AD 2005-18-01, effective from 22 December 2005. Because this AD was issued under Australia’s obligations to the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation with the Australian public was required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is not necessary. The AD was made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Failure to comply with an AD can result in significant legal consequences. Under regulation 39.001(8) of the Civil Aviation Safety Regulations 1998, a person must not operate an aircraft unless it conforms with the ADs that apply to the aircraft. Non-compliance with an AD can lead to enforcement actions by CASA, including the issuance of fines, suspension, or revocation of aircraft certificates of airworthiness. Additionally, in more severe cases, criminal charges may be brought against individuals or corporations, with penalties including substantial fines and imprisonment. The severity of the penalties depends on the nature of the non-compliance and the potential risks posed to aviation safety.