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 2008-26-02 affecting General Electric CT7 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CT7/13, which will become effective on 9 April 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, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a legislative framework designed to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are crucial for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The objective of this legislative framework is to ensure that Australia adheres to its international obligations under the Convention on International Civil Aviation while effectively managing the safety and airworthiness of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia. These regulations extend to all aircraft registered in Australia, irrespective of whether they are commercial or private, and apply to the entire nation, reflecting Australia's commitment to international civil aviation standards set by the International Civil Aviation Organization (ICAO). ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, mandating compliance with safety requirements established by the State of Design or Registry. For instance, in response to an AD issued by the United States Federal Aviation Administration concerning General Electric CT7 series engines, CASA issued an Australian AD, demonstrating the jurisdictional reach and the necessity to align with international safety standards. The process for issuing these directives does not typically involve public consultation, as they are based on international obligations and expert assessment, and are not subject to a Regulatory Impact Statement. This regulatory framework ensures that all entities involved in the operation and maintenance of aircraft in Australia adhere to stringent safety protocols, thereby enhancing the overall safety of air navigation within the country.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to create regulations that promote safety, while regulation 39.001 of the Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003.
Airworthiness directives play a critical role in ensuring the continuing airworthiness of aircraft types. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the aircraft type's design, must provide necessary information to ensure airworthiness. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, evaluates ADs issued by the State of Design and, if necessary, issues its own ADs to enforce these requirements.
Under these regulations, the United States Federal Aviation Administration (FAA) issued AD 2008-26-02 concerning General Electric CT7 series engines, which are designed in the United States. CASA has reviewed this AD and has issued Australian AD/CT7/13, effective from 9 April 2009. Given that this AD stems from Australia's international obligations and directly responds to an AD from the relevant State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. CASA issued this AD under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Group, as per subsection 84A(2) of the Act.
The obligations imposed by these regulations are stringent, requiring CASA to closely monitor and enforce ADs issued by States of Design to ensure compliance with international standards. Any failure to adhere to these ADs can result in significant consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to criminal charges, with potential penalties including fines and imprisonment. CASA may also take civil action against non-compliant aircraft operators, which can result in financial penalties and operational restrictions. Such stringent measures underscore the importance of adhering to ADs in maintaining aviation safety.