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 Civil Aviation Safety Authority or its predecessors issued AD/PFP/16 affecting propeller hub extender supplied by Ken Brock and fitted to any Lycoming 0-320 or
0-360 powered amateur built aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PFP/16. The cancellation will become effective on
9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to create regulations that serve the interests of safe air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific procedures and requirements, such as the issuance of airworthiness directives (ADs). These ADs are critical tools for maintaining the continuing airworthiness of aircraft, as per international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives within Australia, ensuring compliance with both national and international safety standards. In this context, CASA has issued and subsequently cancelled AD/PFP/16, which pertained to a specific type of aircraft component, due to the resolution of the associated safety issue. This cancellation aligns with Australia's obligations under international aviation conventions and reflects CASA's role in safeguarding the nation's air safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft. The State of Design has primary responsibility for the airworthiness of an aircraft type, and under the Convention on International Civil Aviation, must provide necessary information to the State of Registry, which in Australia is CASA. This ensures that any ADs issued by the State of Design are appropriately assessed and, if necessary, mandated as Australian ADs. The scope of these ADs is determined by CASA, which evaluates the necessity and safety implications of such directives, potentially leading to their cancellation if the unsafe condition no longer exists. This process is conducted under the authority of the Act, and while ADs are significant regulatory tools, they do not require public consultation or a Regulatory Impact Statement under current Australian regulations.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations, particularly the Civil Aviation Safety Regulations 1998, provide the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations to promote safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, specifically subregulation 39.001(5), ADs are instruments that can be disallowed by Parliament, aligning with section 46A of the Acts Interpretation Act 1901. The State of Design, which is responsible for the aircraft type's airworthiness, must provide necessary information to the State of Registry, which is tasked with ensuring the individual aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding ADs as needed to comply with international obligations and maintain safety standards.
Compliance with these regulations requires that CASA evaluates and potentially issues ADs when the State of Design identifies safety issues. In the case of AD/PFP/16, which pertained to propeller hub extenders supplied by Ken Brock and installed on certain amateur-built aircraft, CASA assessed the directive and decided to cancel it effective from 9 April 2009. This decision was made due to the elimination of the unsafe condition, and no further AD was necessary. The cancellation process did not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The directive was issued by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can result in serious consequences. Regulatory non-compliance may lead to civil penalties, including fines, and criminal penalties for severe breaches. Such penalties can vary based on the nature and severity of the non-compliance, with potential maximum penalties as stipulated in the Civil Aviation Act 1988 and the Civil Aviation Regulations. Ensuring adherence to these directives is crucial for maintaining the safety and airworthiness of aircraft within Australia's airspace.