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 French DGAC issued AD F-2005-023, affecting Lycoming / TCM engines overhauled by Provence Aero Maintenance France, in 2005. DGAC France is the authority responsible for Safety Standards of French maintenance organisations including Provence Aero Maintenance. CASA has assessed this AD and has issued Australian AD/LYC/111 which will become effective on 14 April 2005.
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 Authority, 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, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act provides a framework for the regulation of civil aviation within Australia, and empowers the Governor-General to make regulations in the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. ADs are a critical mechanism for ensuring the ongoing airworthiness of aircraft, as they mandate compliance with safety requirements established by the State of Design or Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing international ADs and issuing corresponding Australian ADs when necessary, ensuring alignment with international safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the framework for issuing airworthiness directives (ADs) in Australia. Under the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, with CASA acting as Australia's national airworthiness authority. When a foreign State of Design issues an AD relevant to aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. This process is guided by international obligations under the Convention on International Civil Aviation, and such ADs do not require public consultation or a Regulatory Impact Statement. The ADs are drafted by designated CASA personnel in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations necessary for the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by most ICAO Contracting States in compliance with Annex 8 of the Convention on International Civil Aviation.
The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8. This includes providing any necessary information to the appropriate States of Registry to maintain the airworthiness of the aircraft type. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD concerning an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
An example of this process can be seen with AD F-2005-023 issued by the French DGAC in 2005, which affects Lycoming / TCM engines overhauled by Provence Aero Maintenance France. The DGAC France is responsible for the safety standards of French maintenance organisations, including Provence Aero Maintenance. CASA has assessed this AD and issued Australian AD/LYC/111, which will take effect on 14 April 2005. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Authority, no public consultation has taken place regarding this AD. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed by the AD include compliance with the specific requirements set forth to ensure the airworthiness of the affected aircraft or aeronautical products. Failure to comply with these requirements can result in serious consequences. Under the Civil Aviation Act 1988, there are both civil and criminal penalties for non-compliance with ADs. Civil penalties may include fines and other financial penalties, while criminal penalties may include imprisonment. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Act. It is essential for all relevant parties to adhere to the ADs to maintain the safety and airworthiness of aircraft in Australia.