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 2006-17-07R1, affecting Pratt and Whitney Aircraft JT8D series engines. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/JT8D/42 Amdt 1. The amended AD will become effective on 26 October 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 was enacted to provide for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it is within this framework that the Civil Aviation Safety Regulations 1998 were established. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of ADs is a critical mechanism for ensuring the continuing airworthiness of aircraft and is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901. This legislative approach aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness and mandates the provision of necessary information to States of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issue of AD/JT8D/42 Amdt 1, apply to all aircraft registered in Australia that are powered by Pratt and Whitney Aircraft JT8D series engines, thereby impacting both the aircraft owners and operators as well as the maintenance and certification entities that service these engines. This regulation extends to the entire Australian Commonwealth, ensuring uniform safety standards across all states and territories. The regulation stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to ensure the continuing airworthiness of aircraft types, with States of Registry tasked with implementing these directives within their jurisdiction. Notably, this regulation does not require public consultation or a Regulatory Impact Statement, as it is directly responsive to international safety directives. Any exclusions or exemptions would typically be addressed through specific terms within the airworthiness directive itself, but no such exclusions are explicitly stated in this instance. The regulation’s application can be further extended or modified through subordinate instruments as necessary, ensuring compliance with evolving safety standards and international agreements.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations provide a framework for ensuring the safety of air navigation. Specifically, section 98 of the Act allows the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the issuance of airworthiness directives (ADs) for specific aircraft or aeronautical products by the Civil Aviation Safety Authority (CASA). These ADs are considered legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003.
The Act imposes several obligations on parties and entities it governs. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This entails providing necessary information to States of Registry to maintain the airworthiness of aircraft. The State of Registry, in turn, must establish or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction. When an AD is issued by a State of Design, CASA must review the information and, if necessary, issue an equivalent AD for Australia to enforce the State of Design’s requirements.
Breaches of the requirements set forth in ADs can lead to serious consequences. Non-compliance with an AD can result in severe penalties. For instance, under the Civil Aviation Act 1988, non-compliance may be considered an offence, potentially leading to fines or imprisonment. The exact penalties can vary depending on the severity of the breach and are determined in accordance with the relevant sections of the Act. Additionally, failure to adhere to ADs can compromise the safety of air navigation, leading to potential accidents or incidents. Therefore, adherence to ADs is critical for maintaining safety standards in aviation.