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/PHS/12 affecting all models of Hamilton Standard 22D40/6533A-12 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHS/12. 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, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for the regulation of air navigation, aircraft operations, and the safety oversight of aviation activities. One of its key provisions allows the Governor-General to make regulations in the interest of air navigation safety, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail these processes, empowering CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby ensuring that Australian aircraft meet international safety standards. The policy objective of the Act and its regulations is to safeguard the public and maintain the integrity of the national airspace by enforcing stringent safety measures and compliance with international aviation conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory framework is designed to uphold the safety standards of air navigation as mandated by the Act. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are a common mechanism for ensuring continuing airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure the aircraft's compliance with these standards. The AD/PHS/12 affecting Hamilton Standard 22D40/6533A-12 propellers was assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition, reflecting Australia's commitment to international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988, as referenced by section 98, allows the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are essential tools for maintaining the airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties by the Act and its regulations are significant. The State of Design, which refers to the country where an aircraft type is designed, holds primary responsibility for the ongoing airworthiness of that aircraft type. This responsibility includes providing all necessary information to States of Registry to ensure that the aircraft maintain their airworthiness. The State of Registry, which is the country where an aircraft is registered, must then develop or adopt requirements to ensure the ongoing airworthiness of the aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the necessary safety measures.
Failing to comply with an AD can have serious consequences. Under the Civil Aviation Act 1988, any non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The specific penalties for breaches can vary but may include fines or imprisonment, depending on the severity of the non-compliance and the specific provisions of the Act and related regulations. The Civil Aviation Safety Regulations 1998 outline the process for the issuance, assessment, and enforcement of ADs, further detailing the obligations of the State of Registry and CASA in ensuring the safety and airworthiness of aircraft.