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 2002-17-02 Amendment 39-12867, affecting Pratt & Whitney JT8D aircraft Engines, in 2003. 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/38 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 was enacted to provide a comprehensive framework for regulating civil aviation in Australia, addressing issues related to the safety, efficiency, and economic viability of the aviation industry. This legislation empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, which is further elaborated upon in the Civil Aviation Safety Regulations 1998. These regulations grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that mandate necessary actions to maintain the airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO).
In the context of the Pratt & Whitney JT8D aircraft engines, CASA has issued an amended airworthiness directive, AD/JT8D/38 Amendment 1, effective from 7 July 2005. This directive responds to the AD 2002-17-02 Amendment 39-12867 issued by the United States Federal Aviation Administration (FAA) in 2003, as the United States holds the State of Design responsibility for these engines. CASA's role, as Australia's national airworthiness authority, is to assess and, if necessary, implement the ADs issued by the State of Design to ensure compliance with Australia's obligations under the Convention on International Civil Aviation. Given the international nature and urgency of such directives, this particular AD did not undergo public consultation, and it was determined that a Regulatory Impact Statement was not required.
Scope and Application
The Civil Aviation Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments aimed at ensuring the continuing airworthiness of aircraft and aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, in accordance with international obligations under the Convention on International Civil Aviation. Specifically, regulation 39.001 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These directives serve as a crucial mechanism for the State of Registry to implement the requirements set by the State of Design to maintain the airworthiness of aircraft types registered in Australia. The ADs are issued in response to international directives and do not require public consultation or a Regulatory Impact Statement as they are mandated by international agreements. CASA issues these directives to comply with Australia's commitments under the Convention on International Civil Aviation, ensuring that Australian registered aircraft meet the necessary safety standards set by the respective State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 outline the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to 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 legislative instruments as per section 6 of the Legislative Instruments Act 2003.
CASA, as Australia's national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This responsibility is aligned with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must review the information and, if necessary, issue an equivalent Australian AD. This process ensures that Australian aircraft meet international safety standards.
Compliance with ADs is crucial for maintaining airworthiness. The State of Registry is responsible for ensuring that the aircraft under its registry comply with all ADs applicable to them. This includes implementing any required modifications or maintenance actions specified in the ADs. Failure to comply with an AD can result in serious safety risks, potentially leading to aircraft being grounded or operations being restricted until the required actions are taken.
Breaches of ADs may have significant legal and operational consequences. While the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 do not explicitly state penalties for non-compliance with ADs, failure to adhere to these directives can result in civil or criminal consequences. These can include fines, enforcement actions, and potential criminal charges if the non-compliance leads to accidents or incidents. The severity of the penalties may vary depending on the nature and impact of the non-compliance, but the overarching aim is to ensure that all aircraft remain airworthy and safe to operate.