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 85-19-51 Revision 1 Amendment 39-5168 affecting Pratt & Whitney JT8D aircraft Engines, in 1985. 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/18 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 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs serve as a critical means of ensuring the continuing airworthiness of aircraft and are mandated by international agreements, such as Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing corresponding ADs to enforce compliance with international standards. The issuing of such directives is conducted under the legislative authority granted by the Civil Aviation Act 1988, reflecting Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs, as legislative instruments, fall under the purview of the Legislative Instruments Act 2003, and can be subject to disallowance in accordance with the Acts Interpretation Act 1901. The ADs are issued in response to the requirements under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that the airworthiness directives align with international standards and maintain the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument that is disallowable under section 46A of the Acts Interpretation Act 1901 and must be made in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA is responsible for assessing information provided by the State of Design and issuing Australian ADs to mandate the requirements of the State of Design for aircraft on the Australian Register. This ensures compliance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for continuing airworthiness on the State of Design and the State of Registry. For instance, the USA Federal Aviation Administration (FAA) issued AD 85-19-51 Revision 1 Amendment 39-5168 in 1985 for Pratt & Whitney JT8D aircraft engines, prompting CASA to amend the equivalent Australian AD to Amendment 2, effective from 7 July 2005.
The obligations imposed by these provisions include the duty of CASA to assess and issue ADs in response to those issued by the State of Design, ensuring the continuing airworthiness of aircraft on the Australian Register. This involves rigorous evaluation of safety-related information and ensuring that Australian ADs align with international standards. The AD process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. CASA issues ADs in accordance with section 84A(2) of the Act, highlighting the legislative authority behind the issuance of these directives.
Failure to comply with ADs can result in significant legal consequences. The Civil Aviation Act 1988 imposes penalties for non-compliance, including fines and imprisonment. Section 205 of the Act provides for civil penalties for breaches of ADs, while section 206 allows for criminal penalties, including fines up to $126,000 and imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to maintain the safety of air navigation and the integrity of the aviation regulatory framework in Australia.