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 97-18-02R1 affecting Hartzell X and V shank propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/23 Amendment 5. The cancellation will become effective on 22 December 2005. No replacement AD is required, as the original unsafe condition has been corrected by the issue of AD/PHZL/69 Amendment 2.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 legislative framework for ensuring the safety of civil aviation in Australia, including the regulation of airworthiness and the issuance of airworthiness directives. Under this Act, the Civil Aviation Safety Regulations 1998 were established to implement detailed safety standards and procedures, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments that mandate specific safety measures for aircraft and aeronautical products. The Civil Aviation Act 1988 allows CASA to issue airworthiness directives to address safety concerns identified by the State of Design or other relevant authorities, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The objective is to maintain and enhance the safety of air navigation within Australia, thereby protecting the public and ensuring the integrity of the national aviation system.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation safety in Australia, encompassing individuals, aircraft operators, manufacturers, and maintenance providers involved in air navigation. The Act authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring the continuing airworthiness of aircraft within Australia. The ADs are legislative instruments that comply with the requirements of the Convention on International Civil Aviation and are subject to disallowance as per the Acts Interpretation Act 1901. These directives apply to all aircraft registered in Australia and must be adhered to by the State of Registry, which is responsible for ensuring the aircraft's airworthiness. The application of ADs is not limited by geographic boundaries within Australia but is governed by international agreements, ensuring harmonised safety standards. There are no stated exclusions or exemptions in the issuance of ADs, although CASA may cancel existing directives in response to international ADs from the State of Design, as evidenced by the cancellation of Australian AD/PHZL/23 Amendment 5 following the issuance of a corresponding US AD. The application and scope of ADs can be further detailed through subordinate instruments, as authorised by the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation. One such regulation, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. ADs are a critical component of maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure the aircraft's airworthiness, and the State of Registry must implement these requirements.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess any ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA), and, if appropriate, issue corresponding Australian ADs. In this particular instance, FAA issued AD 97-18-02R1 concerning Hartzell X and V shank propellers, prompting CASA to cancel the existing Australian AD/PHZL/23 Amendment 5, effective from 22 December 2005. The cancellation was deemed necessary as the unsafe condition identified in the original AD had been rectified by the subsequent issuance of AD/PHZL/69 Amendment 2. Given that the AD cancellation aligns with Australia's international obligations and directly responds to the State of Design's AD, no public consultation was required. Moreover, the Office of Regulatory Review determined that this AD cancellation does not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Safety Regulations 1998, any breach of the requirements set out in an airworthiness directive can lead to significant consequences. Non-compliance with an AD may result in the aircraft being deemed unairworthy, potentially leading to enforcement actions by CASA. The Civil Aviation Act 1988 outlines various civil and criminal penalties for non-compliance, including fines and imprisonment, depending on the severity and intent of the breach. The exact penalties are not specified in the provided text but can be significant, reflecting the critical nature of airworthiness and safety in aviation.