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 United States FAA has issued AD 2006-10-07 affecting Hamilton Sundstrand propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PHS/23, which will become effective on 25 May 2006.
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 Design, 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legislation for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Governor-General has the authority to make regulations that support the Act's objectives. The Civil Aviation Safety Regulations 1998, which are a set of subsidiary legislation under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are critical for maintaining the safety standards and are aligned with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type. CASA, acting as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to those issued by the relevant State of Design, ensuring compliance with international standards and domestic safety requirements.
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) for certain types of aircraft or aeronautical products. These ADs are legislative instruments and apply to any aircraft registered in Australia, as well as entities and individuals involved in the maintenance, operation, or manufacture of those aircraft. They are intended to ensure compliance with safety standards set by the State of Design, which is responsible for the continuing airworthiness of an aircraft type, and the State of Registry, which ensures the continuing airworthiness of individual aircraft. This regulation extends across Australia, reflecting the national scope of aviation safety standards. While ADs are issued in response to international obligations and specific safety concerns, they are not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. CASA issues these directives in line with international agreements, such as Annex 8 to the Convention on International Civil Aviation, and they become effective as mandated by the State of Design or CASA’s assessment of the situation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation, with the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are vital for ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. Consequently, when a State of Design, such as the United States in the case of AD 2006-10-07 concerning Hamilton Sundstrand propellers, issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 (regulation 39.001) include CASA's duty to assess ADs issued by the State of Design and to issue corresponding Australian ADs when appropriate. This ensures compliance with international standards and obligations under the Convention on International Civil Aviation. Furthermore, given the nature of ADs and their role in maintaining airworthiness, no consultation with the Australian public is required, and they are not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
In terms of consequences for breaches, the specific penalties and enforcement measures are not detailed in the provided text. However, it is implied that failure to comply with airworthiness directives could result in legal repercussions, including potential penalties or enforcement actions by CASA, the national airworthiness authority in Australia. These consequences are intended to ensure adherence to safety regulations and maintain the highest standards of aviation safety.