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/62 Amendment 4 affecting propeller blades of Hartzell HC-B5MP-3A/M10282A(B)+6 propellers. CASA has assessed this AD and as a result has cancelled Australian AD/PHZL/62 Amendment 4. 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 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. It grants the Governor-General the authority to make regulations under section 98 to serve the interests of air navigation safety. Complementing the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they play a critical role in maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. The ADs issued by CASA reflect Australia's commitment to international standards and the safety of air navigation within its jurisdiction.
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 specified types of aircraft or aeronautical products. These ADs, being legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical for ensuring the continuing airworthiness of aircraft registered in Australia. This authority is exercised in accordance with Australia's obligations under Annex 8 to 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 must ensure the continuing airworthiness of individual aircraft. Consequently, CASA, as the national airworthiness authority, must issue Australian ADs when necessary, aligning with directives from the State of Design, such as the recent cancellation of AD/PHZL/62 Amendment 4 concerning Hartzell HC-B5MP-3A/M10282A(B)+6 propellers, reflecting the resolution of identified safety issues. This regulatory process underscores CASA’s commitment to maintaining the highest safety standards in civil aviation within Australia, in compliance with international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft is designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type. This includes providing all necessary information to the State of Registry to ensure the aircraft’s continuing airworthiness. The State of Registry, where the aircraft is registered, must then develop or adopt requirements to ensure that individual aircraft remain airworthy. When an AD is issued by the State of Design, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
CASA, acting as Australia’s national airworthiness authority, has the responsibility to assess ADs issued by foreign States of Design. In the case of AD/PHZL/62 Amendment 4, which affected Hartzell HC-B5MP-3A/M10282A(B)+6 propellers, CASA evaluated the directive and subsequently cancelled the Australian AD on 9 April 2009, as the unsafe condition identified by the AD no longer existed. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. The cancellation was carried out by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Regarding compliance, entities governed by the Civil Aviation Safety Regulations 1998 must adhere to the ADs issued by CASA. Failure to comply with these directives can result in significant consequences. The Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs; however, under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines up to $22,200 for individuals and $111,000 for corporations, as per section 43. These penalties underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.