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 issued AD 2006-16-01 affecting Hamilton Sundstrand propellers. The United States is the State of Design for these propellers. CASA has amended the equivalent Australian AD to AD/PHS/24 Amendment 1. The amended AD will become effective on 28 September 2006. This AD cancels and replaces the previous issue.
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 Parliament of Australia, aims to provide a comprehensive framework for the regulation of civil aviation to ensure safety and efficiency. This Act grants the Governor-General the authority to create regulations in the interest of air navigation safety, as seen in the issuance of airworthiness directives (ADs). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs concerning types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The objective of these regulations is to harmonise with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry. CASA must ensure that Australian aircraft comply with international ADs, as demonstrated by the recent amendment to an Australian AD in response to a directive issued by the United States Federal Aviation Administration. This legislative process reflects Australia's commitment to international aviation safety standards and its role as a State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These ADs are instrumental in maintaining the safety standards of air navigation and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess ADs issued by States of Design and may issue equivalent Australian ADs to enforce these safety measures. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is authorised by the Manager, New Technologies and Systems, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are formal orders issued to ensure the continuing airworthiness of aircraft, aeronautical products, or components. The ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. They serve as the primary means by which States communicate necessary safety information to ensure the airworthiness of aircraft types.
The obligations under these provisions require CASA to act upon airworthiness directives issued by the State of Design. The State of Design has the overarching responsibility for the continuing airworthiness of a particular aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the safety requirements in Australia. For example, following the United States Federal Aviation Administration's (FAA) AD 2006-16-01 regarding Hamilton Sundstrand propellers, CASA issued an amended AD/PHS/24 Amendment 1. This directive was made to ensure compliance with international standards and to maintain the safety of aircraft operating within Australia.
The ADs issued under these regulations impose specific obligations on aircraft operators, manufacturers, and other relevant entities. Aircraft operators must comply with the directives by implementing any required inspections, repairs, or modifications to their aircraft within the specified timeframes. Manufacturers are required to ensure that the components they produce meet the airworthiness standards set forth in the ADs. Failure to comply with these directives can result in significant safety risks, potentially leading to aircraft being grounded or banned from operation.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 also outline the consequences for non-compliance with airworthiness directives. Offences related to non-compliance can lead to both civil and criminal penalties. Civil penalties may include fines up to a certain amount specified by the regulations, while criminal penalties can include imprisonment for individuals and fines for corporations. These measures are intended to enforce compliance and ensure that all parties adhere to the safety standards required to maintain the airworthiness of aircraft.