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.
In 1960’s, the Civil Aviation Safety Authority or its predecessors issued AD/GENERAL/22 affecting all aircraft fitted with hydraulically operated feathering propellers which draw oil supply from the engine oil tank. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/22. The cancellation will become effective on 20 December 2007. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, which among other provisions, allow the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a mechanism to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing international ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements on aircraft registered in Australia. In line with its obligations under the Convention, CASA has the authority to cancel ADs when the safety issues they address no longer exist, as demonstrated by the cancellation of AD/GENERAL/22 on 20 December 2007.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under the authority of the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) which are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are crucial for ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued by the State of Design and are the responsibility of the State of Registry to implement within their jurisdiction. CASA, as Australia's national airworthiness authority, plays a key role in assessing ADs issued by other countries and, when necessary, issuing corresponding Australian ADs. The cancellation of an AD, such as the one affecting aircraft with hydraulically operated feathering propellers, is determined by CASA and may be influenced by international obligations, thereby rendering certain public consultation processes unnecessary. The ADs are made by authorised personnel within CASA in accordance with the relevant provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to assess and, when necessary, issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. This process is guided by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain airworthiness. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
The Act and Regulations impose specific obligations on CASA and other entities involved in the airworthiness process. CASA must diligently assess any AD issued by a State of Design and determine if it is necessary to issue an Australian AD. This involves a thorough evaluation of the AD to ensure it addresses any unsafe conditions identified by the State of Design. Furthermore, when an AD is issued or cancelled, CASA must communicate these changes effectively to all relevant stakeholders, including aircraft operators and manufacturers. Failure to adhere to these obligations could result in non-compliance with international safety standards, potentially leading to safety risks.
In terms of consequences for non-compliance with ADs, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences. However, non-compliance with an AD can lead to serious civil and criminal repercussions under other sections of the Civil Aviation Act 1988. For instance, operating an aircraft that does not comply with an AD may result in penalties for the aircraft operator, including fines and potential suspension or revocation of the aircraft’s certificate of airworthiness. Additionally, individuals responsible for ensuring compliance, such as maintenance engineers or aircraft operators, may face criminal charges if their actions contribute to the non-compliance, leading to potential imprisonment.