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/PHZL/58 affecting Hartzell model HC-A6A-3 propellers installed on Shorts SD3-60-300 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/58. 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, enacted by the Australian Parliament, was introduced to ensure the safety and efficiency of civil aviation within Australia. The Act provides the framework for regulating aviation activities, including the issuance of airworthiness directives (ADs) to ensure aircraft and aeronautical products meet safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 aims to harmonise Australian aviation safety standards with international obligations, particularly those outlined in the Convention on International Civil Aviation. This legislative framework ensures that CASA, as the national airworthiness authority, can mandate safety requirements derived from State of Design directives, thereby maintaining the continuing airworthiness of aircraft registered in Australia. The Act facilitates a coordinated approach to aviation safety, aligning national policies with international best practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of airworthiness in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Airworthiness directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and must be registered under the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation and are issued by the State of Design or Registry, with CASA fulfilling this role for aircraft registered in Australia. The cancellation of an AD, such as AD/PHZL/58 affecting Hartzell model HC-A6A-3 propellers on Shorts SD3-60-300 aircraft, is made by CASA after assessing the information provided by the State of Design, and in this instance, no further consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation’s guidelines.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertinent to the issuance of airworthiness directives (ADs) include section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are legislative instruments under the Legislative Instruments Act 2003 and can be disallowed by Parliament. The ADs are designed to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations on the parties and entities they govern are significant. The State of Design, which is typically the manufacturer of the aircraft type, has the primary responsibility for ensuring the continuing airworthiness of the aircraft. This includes providing necessary information to the States of Registry, who must then develop or adopt requirements to ensure that individual aircraft remain airworthy. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information from the State of Design and issuing Australian ADs when necessary to mandate specific requirements. This ensures that the safety standards set by the Convention are met within Australian jurisdiction.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breaching an AD. However, general aviation safety laws impose civil and criminal penalties for non-compliance with regulations. For example, failure to comply with an AD could lead to the grounding of an aircraft, which could result in substantial financial penalties for the operator. Civil penalties can include fines and administrative sanctions, while criminal penalties might include imprisonment for serious violations that result in accidents or endanger safety. The exact penalties would depend on the specific circumstances and any applicable aviation safety regulations.