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 95-02-16 Amendment 39-9135, 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 1. The amended AD, AD/JT8D/31 Amendment 1, 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 Australian Parliament, provides the legislative framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations necessary for the Act's purposes and the safety of air navigation. In accordance with the Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to ensure compliance with the requirements set by the State of Design. This legislative approach ensures that Australia meets its international obligations while maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft registered in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The issuance of these ADs is a legislative instrument and must comply with the requirements of the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates that States of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft. In practice, when a State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design, as was the case with the Pratt & Whitney JT8D aircraft engines AD. It is important to note that, due to the international nature of these directives, no public consultation is required, and a Regulatory Impact Statement is not necessary.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly in relation to the issue of airworthiness directives (ADs), include sections 98 and 84A. Section 98 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Section 84A(2) provides the authority for CASA to issue these directives. Regulation 39.001(5) further clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are therefore legislative instruments, as stipulated in the Legislative Instruments Act 2003.
These sections impose several obligations and requirements on CASA and other entities involved in the aviation industry. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding ADs if necessary. The State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of aircraft, aligning with the obligations outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the USA for Pratt & Whitney JT8D engines, has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types and to issue ADs as needed.
Breach of the requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs can have serious implications for the safety of air navigation. The regulatory framework, including the disallowance of ADs and the legislative nature of these directives, underscores the importance of adherence to these safety mandates. Regulatory oversight and enforcement mechanisms are in place to ensure compliance, although the exact civil or criminal penalties for non-compliance are not specified in the provided text.