CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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 United States FAA issued AD 2005-25-05, affecting Pratt and Whitney JT8D engines. The United States is the State of Design for this engine model. As a result of a request from industry, CASA has amended the equivalent Australian AD. The amended AD, AD/JT8D/38 Amendment 2, will become effective on 16 March 2006. 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to create regulations that promote aviation safety, and one such regulation is the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The authority to issue such ADs is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which stipulates that these directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective behind these regulations is to align with Australia's commitments under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and the responsibilities of both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. These ADs are legislative instruments that are subject to disallowance and are crafted to maintain the continuing airworthiness of aircraft registered in Australia. The geographic reach of these regulations is national, as CASA acts on behalf of Australia’s obligations under the Convention on International Civil Aviation, particularly under Annex 8, which designates the State of Design as responsible for the airworthiness of aircraft types. When an AD is issued by a State of Design, such as the United States for the Pratt and Whitney JT8D engines, CASA must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. The application of these ADs is not subject to public consultation or a Regulatory Impact Statement, given their alignment with international obligations and their technical nature. This regulatory framework ensures that Australia adheres to global safety standards while maintaining the airworthiness of aircraft within its jurisdiction.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) establish that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is considered a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. This means that while ADs are issued to maintain airworthiness, they are also subject to certain legislative scrutiny and potential disallowance if found to be inappropriate. Annex 8 of the Convention on International Civil Aviation underscores the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft types, and ADs are the primary mechanism through which this is achieved.
Under these regulations, the State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to the State of Registry. The State of Registry, in turn, is tasked with implementing requirements to ensure the airworthiness of individual aircraft. In the case of Australia, CASA, as the national airworthiness authority, must assess the information from the State of Design and issue an Australian AD if deemed necessary. This ensures that Australian-registered aircraft comply with international safety standards.
The obligations imposed on CASA include the assessment of ADs issued by the State of Design and the issuance of corresponding Australian ADs when necessary. CASA must ensure that these ADs align with international obligations under the Convention on International Civil Aviation and are based on safety considerations. For instance, when the United States Federal Aviation Administration (FAA) issued AD 2005-25-05 concerning Pratt and Whitney JT8D engines, CASA assessed the information and amended the Australian AD accordingly. This obligation underscores CASA's role in maintaining the safety of aircraft within Australia’s jurisdiction.
Non-compliance with an AD can result in severe consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can be considered an offence, potentially leading to criminal charges. The penalties for such offences can be substantial, reflecting the critical nature of airworthiness directives in ensuring public safety. While the specific penalties are not detailed in the provided text, they generally include fines and, in severe cases, imprisonment. These provisions highlight the importance of adhering to ADs and the serious implications of non-compliance.