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/16 affecting Hamilton Standard model 14RF-9 and 14RF-21 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHS/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 is foundational legislation in Australia, enacted to regulate civil aviation and ensure the safety of air navigation within the country. This Act empowers the Governor-General to issue regulations that serve the interests of aviation safety, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), mandated by regulation 39.001. Airworthiness directives are legislative instruments under the Legislative Instruments Act 2003 and are essential tools for maintaining the continuing airworthiness of aircraft types as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must enforce these directives. This legislative framework aims to align Australia's aviation safety practices with international standards, ensuring that the country meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are regulatory instruments aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for 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 certain kinds of aircraft or aeronautical products. These ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of aircraft types, and the State of Registry is responsible for the airworthiness of individual aircraft. When CASA issues an AD, it becomes a legislative instrument under the Legislative Instruments Act 2003. The authority to issue or cancel ADs extends to mandating or withdrawing safety requirements for specific aircraft types registered in Australia, ensuring compliance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations to ensure air navigation safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products (s 98, 39.001). These ADs are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (s 46A, 6). In alignment with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its registry (Annex 8).
Entities governed by these provisions, such as aircraft manufacturers, operators, and the State of Registry, bear several obligations. The State of Design must provide necessary information to maintain the continuing airworthiness of aircraft types, and the State of Registry must develop or adopt appropriate requirements to ensure that individual aircraft remain airworthy. CASA, acting as Australia's national airworthiness authority, is responsible for assessing foreign ADs and issuing Australian ADs when necessary to mandate design state requirements. All parties must comply with ADs to maintain the safety and airworthiness of aircraft.
Failure to comply with an AD can result in significant legal consequences. Under section 91 of the Civil Aviation Act 1988, an authorised officer can issue a notice requiring compliance with an AD, and failure to comply can lead to the grounding of the aircraft until compliance is achieved. Additionally, non-compliance with ADs can result in civil penalties, including fines, and in severe cases, criminal charges leading to imprisonment. The specific penalties depend on the severity of the non-compliance and the impact on aviation safety.