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 96-18-04, affecting Hartzell Propellers, in 1996. The United States is the State of Design for this propeller. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PHZL/68 Amendment 3. The amended AD will become effective on 13 April 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. In accordance with this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the regulatory requirements for airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the highest standards of safety in civil aviation, reflecting international best practices and addressing specific safety concerns as identified by the relevant State of Design. The ADs are issued by CASA in response to international directives or specific safety issues, without the necessity for public consultation or a Regulatory Impact Statement, as they are considered to be within the scope of CASA’s regulatory responsibilities.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated as per section 6 of the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under the Convention on International Civil Aviation, particularly when the State of Design issues a directive. In such cases, CASA must assess the information and issue an equivalent Australian AD to mandate the requirements. For example, in response to the US Federal Aviation Administration’s AD 96-18-04 concerning Hartzell Propellers, CASA amended the Australian AD to AD/PHZL/68 Amendment 3, which became effective on 13 April 2006. Given that these directives are in response to international obligations, no public consultation or Regulatory Impact Statement is required. The AD is issued by the Manager, New Technologies and Systems, in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that govern the issuance of airworthiness directives (ADs) include section 98 of the Act (Civil Aviation Act 1988), which empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998). This regulation is further detailed in subregulation 39.001(5), which states that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments (Acts Interpretation Act 1901). These legislative instruments are intended to ensure the continuing airworthiness of aircraft types, in alignment with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design, which is the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This involves providing necessary information to the States of Registry, which are the countries where the individual aircraft are registered. CASA, as Australia's national airworthiness authority, must then assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
There are specific obligations and requirements that CASA must follow when issuing ADs. Firstly, CASA must assess the information provided by the State of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD to mandate the requirements of the State of Design. This process ensures that Australian-registered aircraft comply with international safety standards. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no public consultation is necessary as these directives are issued in response to international obligations and safety concerns. The ADs are issued 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.
Any breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. Failure to comply with an AD can lead to severe penalties, including fines and imprisonment. The maximum penalties for non-compliance can vary, but they are intended to ensure that all parties adhere to the safety requirements set forth in the ADs. These measures underscore the importance of maintaining the airworthiness of aircraft and ensuring the safety of air navigation.