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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/PFP/17 Amdt 4 affecting Fixed Pitch Propellers. The FAA issued AD 2010-04-05 on 8 February 2010 which supersedes the requirements of AD/PFP/17 Amdt 4 and as such this AD has been cancelled. The FAA acts on behalf of The USA, the state of design for these propellers. The cancellation will become effective on 10 March 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of air navigation within Australia, authorises the Governor-General to create regulations aimed at enhancing air safety. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products. These directives are essential for ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly those concerning the continuing airworthiness of aircraft types. CASA's role as Australia's national airworthiness authority mandates the assessment and, if necessary, the issuance of Australian ADs in response to directives from States of Design. This legislative framework ensures that CASA, acting on behalf of the Commonwealth, maintains stringent safety standards for all aircraft registered in Australia, thereby addressing potential safety gaps and ensuring adherence to international best practices.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. These directives are legislative instruments that aim to ensure the safety of air navigation and are issued in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs pertain to the continuing airworthiness of aircraft types, with the State of Design having overarching responsibility for this aspect and the State of Registry tasked with ensuring the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, assesses information from State of Design ADs and issues Australian ADs as necessary. The ADs issued on or after 1 October 2009 are governed by Part 39.001A of the Civil Aviation Safety Regulations. The AD/PFP/17 Amdt 4 concerning fixed pitch propellers, issued by CASA, has been cancelled following the issuance of the FAA AD 2010-04-05 on 8 February 2010, with the cancellation taking effect on 10 March 2010. It is important to note that no public consultation has been conducted on this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that are in the interest of safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft type can maintain airworthiness. In turn, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess this information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design. For instance, CASA issued AD/PFP/17 Amdt 4 affecting Fixed Pitch Propellers, which was subsequently superseded by the Federal Aviation Administration (FAA) AD 2010-04-05.
Failure to comply with ADs can result in significant consequences. While specific offences and penalties are not detailed in the provided text, non-compliance with ADs can lead to safety issues, grounding of aircraft, and potential legal repercussions. The regulatory framework emphasizes the importance of adhering to ADs to maintain the safety standards required by international conventions such as Annex 8 to the Convention on International Civil Aviation.
The issuance and cancellation of ADs are governed by stringent procedures. For example, CASA issued AD/PFP/17 Amdt 4, which was later cancelled by the FAA on 8 February 2010. The cancellation of this AD became effective on 10 March 2010, highlighting the dynamic nature of airworthiness regulations. Importantly, while ADs are critical regulatory instruments, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.