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 2006-12-19 affecting Hamilton Sundstrand 14RF-19 propellers. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PHS/24, which will become effective on 3 August 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing the need for effective regulation of air navigation safety, aircraft registration, and the licensing of aviation personnel, among other things. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of safety. Under this authority, the Civil Aviation Safety Regulations 1998 were also introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislation seeks to ensure that Australian civil aviation standards are aligned with international obligations, particularly those outlined in the Convention on International Civil Aviation. The issuing of ADs is a critical mechanism for maintaining the continuing airworthiness of aircraft, reflecting the responsibility of the State of Design to provide necessary information and the State of Registry to enforce these requirements within their jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are essential tools for ensuring the ongoing safety and airworthiness of aircraft in Australian airspace. The scope of the ADs extends to mandating specific requirements for the maintenance and operation of aircraft and aeronautical products, thus applying directly to aircraft operators, maintenance organisations, and other entities involved in the operation or maintenance of the specified aircraft types. Geographically, these regulations apply nationally within Australia, aligning with the international obligations under the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. In the case of the AD issued by CASA in response to a United States Federal Aviation Administration (FAA) directive, the AD applies specifically to Hamilton Sundstrand 14RF-19 propellers, with the AD becoming effective from 3 August 2006. The issuance of such ADs does not typically involve public consultation as they are based on international agreements and assessments by CASA. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, and specifically under section 98, provides the framework for the Governor-General to create regulations that serve the Act's purpose and prioritise air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, as outlined in subregulation 39.001(5). Such directives are integral to maintaining the airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
In accordance with Annex 8, the State of Design holds overarching responsibility for the continuing airworthiness of an aircraft type and must furnish any information necessary to ensure its airworthiness to the appropriate States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must establish requirements to maintain airworthiness. When a State of Design issues an AD concerning a type of aircraft on the Australian Register, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The United States Federal Aviation Administration (FAA) issued AD 2006-12-19 concerning Hamilton Sundstrand 14RF-19 propellers, with the United States being the State of Design. CASA assessed this AD and subsequently issued Australian AD/PHS/24, which took effect on 3 August 2006. Given that this AD was issued in compliance with Australia's obligations under the Convention on International Civil Aviation and in response to an AD by the relevant State of Design, no public consultation was required. The Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. CASA, acting through the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, issued this AD in line with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, the entities governed by ADs must comply with the directives issued by CASA. These obligations include adhering to the specific maintenance, inspection, and operational requirements outlined in the ADs to ensure the continuing airworthiness of the aircraft or aeronautical products. Failure to comply with these directives can result in severe consequences, including potential grounding of the affected aircraft until the necessary actions are taken. CASA retains the authority to enforce compliance, which may include inspections, audits, and the imposition of fines or other penalties for non-compliance. The regulations also provide mechanisms for appeals and reviews of CASA's decisions concerning ADs, ensuring that affected parties have a pathway to contest any directives they deem unjust or overly burdensome.