CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 USA FAA issued AD 95-16-07 Amendment 39-9327 affecting Pratt & Whitney JT8D aircraft Engines, in 1995. USA is the State of Design for JT8D engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 2. The amended AD, AD/JT8D/12 Amendment 2, will become effective on 7 July 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to ensure the safety of air navigation and to provide a legal framework governing civil aviation in Australia. The Act grants the Governor-General the authority to create regulations that support the Act's objectives, including the issuance of airworthiness directives to maintain the safety of aircraft. In line with the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. The policy objective underpinning these provisions is to harmonise Australian regulations with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby ensuring the safety and airworthiness of aircraft operating within Australian airspace. This legislative framework allows CASA to mandate compliance with airworthiness requirements derived from the State of Design, reflecting Australia's commitment to global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs apply to specific types of aircraft or aeronautical products and are intended to ensure the continuing airworthiness of these entities, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses and issues these directives to mandate the requirements from the State of Design, ensuring compliance with international standards. The ADs, such as AD/JT8D/12 Amendment 2, are effective from a specified date and replace previous directives, reflecting the latest safety standards. Notably, these directives are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, provides the framework under which airworthiness directives (ADs) can be issued in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of ADs. Regulation 39.001 of the Civil Aviation Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further clarify that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus qualifies as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this case is the USA for Pratt & Whitney JT8D engines, is responsible for providing necessary information to ensure that the aircraft type remains airworthy. The State of Registry, in this instance CASA acting on behalf of Australia, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with ADs can lead to serious consequences. Civil Aviation Regulations 1998 impose obligations on aircraft operators and owners to adhere to ADs. Non-compliance with these directives can result in significant penalties, including fines and potential criminal charges. The severity of the penalties may vary depending on the nature and extent of the non-compliance, but they are designed to enforce strict adherence to safety regulations. The AD in question, AD/JT8D/12 Amendment 2, was issued without public consultation as it was deemed necessary to meet international obligations and in response to a directive from the USA, the State of Design. This directive is effective from 7 July 2005 and supersedes the previous AD, ensuring that all Pratt & Whitney JT8D engines meet the updated safety standards.