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 USA FAA issued AD 2007-05-17, affecting Pratt & Whitney JT9D aircraft engines, in 2007. USA is the State of Design for P&W JT9D engine types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/JT9D/37 Amendment 1, will become effective on 10 May 2007. 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, was introduced to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, and it delegates authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft and aeronautical products. The ADs are intended to ensure the continuing airworthiness of aircraft in accordance with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the process and requirements for issuing ADs, which are considered legislative instruments under the Acts Interpretation Act 1901. The policy objective of this legislation is to maintain the highest standards of aviation safety and to harmonise Australian regulations with international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. As a legislative instrument, ADs are essential tools for maintaining the continuing airworthiness of aircraft types registered in Australia. These directives are typically issued in response to ADs from the State of Design, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, must assess and, if necessary, issue equivalent Australian ADs to enforce the requirements set by the State of Design. For instance, following the issuance of AD 2007-05-17 by the USA FAA regarding Pratt & Whitney JT9D aircraft engines, CASA amended the corresponding Australian AD, leading to AD/JT9D/37 Amendment 1, which became effective on 10 May 2007. This process underscores Australia's commitment to international safety standards while ensuring compliance with domestic regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). They are instrumental in ensuring the continuing airworthiness of aircraft and are a common practice among ICAO Contracting States. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by the State of Design, such as the USA for Pratt & Whitney JT9D engines, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements.
The obligations under the Civil Aviation Safety Regulations 1998 include the necessity for CASA to assess and, if appropriate, issue ADs to ensure the airworthiness of aircraft on the Australian Register. This involves evaluating information provided by the State of Design and determining whether Australian ADs are necessary to comply with international standards. Furthermore, CASA must communicate these directives effectively to the relevant stakeholders, ensuring that they are aware of and can comply with the mandated requirements. The State of Registry is also required to develop or adopt measures to ensure the continuing airworthiness of aircraft within its jurisdiction, in line with international obligations under the Convention on International Civil Aviation.
Failure to comply with ADs can lead to serious consequences. Non-compliance with an AD can result in civil penalties under section 33 of the Civil Aviation Act 1988, including fines of up to $105,000 for individuals and $525,000 for corporations. Additionally, CASA may take enforcement action, such as grounding non-compliant aircraft, which can severely impact aviation operations. Criminal penalties may also apply in cases of gross negligence or willful misconduct, with maximum penalties including imprisonment for up to five years and fines of up to $210,000 for individuals and $1,050,000 for corporations. These stringent measures underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.