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 96-23-14 Amendment 39-9820 affecting Pratt & Whitney JT8D aircraft Engines, in 1996. 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 5. The amended AD, AD/JT8D/22 Amendment 5, 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 legislative framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, and it is complemented by the Civil Aviation Safety Regulations 1998. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with international standards as stipulated in Annex 8 of the Convention on International Civil Aviation. The ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry of the aircraft. The Civil Aviation Act 1988 was introduced to address the need for a cohesive regulatory framework that aligns with international obligations and ensures the safety and reliability of civil aviation in Australia.
Scope and Application
The Civil Aviation Regulations 1998, as an extension of the Civil Aviation Act 1988, provide the framework within which airworthiness directives (ADs) are issued in Australia. These regulations apply to any person, entity, or industry involved in the operation or maintenance of aircraft registered in Australia, as well as to the aircraft themselves. Geographically, the regulations have a national reach within Australia and are aligned with international obligations under the Convention on International Civil Aviation, particularly with respect to continuing airworthiness. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products to ensure safety standards are met. Notably, ADs are legislative instruments and must adhere to the Legislative Instruments Act 2003. While the ADs must align with international standards, the specific application and enforcement within Australia are governed by CASA, which acts as the national airworthiness authority. The ADs issued by CASA are directly linked to the obligations Australia has under the Convention on International Civil Aviation, which mandates that States of Design and States of Registry collaborate to maintain airworthiness. Therefore, any AD issued by CASA is a direct response to international directives or to address specific safety concerns identified by the State of Design. This process ensures that Australian aviation standards remain consistent with global practices while safeguarding the safety of air navigation within the country.
Key Provisions
The Civil Aviation Act 1988, in section 98, allows the Governor-General to make regulations for the Act, specifically in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation places the responsibility of ensuring an aircraft type’s continuing airworthiness on the State of Design, which must provide necessary information to States of Registry. ADs serve as a common means of continuing airworthiness information, issued by most ICAO Contracting States.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Registry to develop or adopt requirements for ensuring the continuing airworthiness of aircraft. When a State of Design, such as the United States, issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD. This ensures the aircraft meet the continuing airworthiness standards specified by the State of Design. For instance, following the USA FAA’s AD 96-23-14 Amendment 39-9820 for Pratt & Whitney JT8D aircraft engines, CASA amended the equivalent Australian AD to Amendment 5, effective from 7 July 2005.
Offences and penalties related to non-compliance with airworthiness directives are significant, as these directives are legislative instruments. Failure to comply with an AD can lead to severe consequences, including potential civil or criminal penalties. While specific penalties are not detailed in the provided text, the overarching framework suggests that non-compliance with ADs can result in legal repercussions, given their status as regulatory measures designed to ensure air navigation safety. The ADs are issued without public consultation due to their international obligations and direct responses to State of Design ADs. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, highlighting their regulatory nature and the importance of compliance.