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 95-10-10 Amendment 39-9227, 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/27 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act allows the Governor-General to make regulations necessary for the safety of air navigation, as outlined in section 98. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which, among other things, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The primary objective of these regulations is to ensure the continuing airworthiness of aircraft, in alignment with international standards and obligations under the Convention on International Civil Aviation. This approach is critical for maintaining safety and consistency across international aviation practices.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides a regulatory framework for airworthiness directives (ADs) that apply to all aircraft types and aeronautical products registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with Australia’s commitments under Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the initial airworthiness of aircraft types, while the State of Registry, in this case, CASA, is tasked with ensuring the ongoing airworthiness of aircraft within its jurisdiction. This includes adopting ADs issued by the relevant State of Design, such as the US Federal Aviation Administration (FAA), and making necessary adjustments to cater to Australian-registered aircraft. The issuance of ADs does not typically require public consultation or a Regulatory Impact Statement, as they are based on international obligations and safety imperatives. The ADs are issued by CASA under the authority granted by the Civil Aviation Act 1988, reflecting a structured and internationally harmonised approach to aviation safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal basis for the issuance of airworthiness directives (ADs). According to these provisions, the Governor-General has the authority to make regulations for the safety of air navigation, and the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The ADs are an essential mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft can continue to operate safely. The State of Registry, which oversees the individual aircraft, must then adopt or develop requirements to ensure the aircraft’s continuing airworthiness. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess this information and issue an Australian AD if appropriate, to enforce the requirements of the State of Design.
As an example, the US Federal Aviation Administration (FAA) issued AD 95-10-10 Amendment 39-9227 in 1995 concerning Pratt & Whitney JT8D aircraft engines, with the United States being the State of Design for these engines. Following a request from the industry, CASA amended the corresponding Australian AD to Amendment 2, which will take effect on 7 July 2005. This amended AD cancels and replaces the previous issue. Given that this AD is issued in response to the State of Design’s requirements and Australia’s obligations under the Convention on International Civil Aviation, no consultation of the Australian public was required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Act 1988, breaches of the ADs can lead to serious consequences. Failure to comply with an AD may result in the grounding of the aircraft, which can lead to significant financial and operational disruptions for the operators. In terms of legal penalties, the Act provides for both civil and criminal sanctions. Civil penalties can include fines up to a specified maximum, while criminal penalties can include imprisonment for individuals found guilty of wilfully contravening the ADs. The specific penalties are determined by the severity of the breach and are outlined in the relevant sections of the Act.