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 USA FAA issued Airworthiness Directive (AD) 2003-03-20 Amendment 39-13045, affecting Hartzell Propeller model HC-C2YR-4CF aircraft propellers, in 2003. USA is the State of Design for Hartzell Propellers. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/PHZL/76 Amendment 1, will become effective on 1 August 2005. 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 regulate civil aviation in Australia, ensuring safety and efficiency within the industry. This legislation empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs, as per regulation 39.001, are legislative instruments under the Legislative Instruments Act 2003, reflecting their significance in maintaining air safety. The Civil Aviation (Safety) Regulations 1998 specifically mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for different kinds of aircraft or aeronautical products. The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, and addressing any safety issues that may arise. This legislative framework underscores the importance of harmonising national safety requirements with international obligations to maintain a robust and safe civil aviation system in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring that the safety of air navigation is upheld. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to maintain airworthiness standards. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. Internationally, ADs are a common method for communicating continuing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation. States of Design are responsible for issuing ADs for aircraft types, and States of Registry, such as Australia, must adopt these directives to ensure the continuing airworthiness of aircraft registered within their jurisdiction. The process of issuing an Australian AD involves CASA assessing the ADs issued by the State of Design and issuing a corresponding AD to mandate the requirements for aircraft registered in Australia. The scope of these regulations applies to all aircraft and aeronautical products within Australia, and CASA's authority extends to ensuring compliance with international standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to establish regulations for the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. ADs are instrumental in maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are primarily on CASA, which, as Australia's national airworthiness authority, must assess information from the State of Design when an AD is issued against a type of aircraft on the Australian Register. If deemed appropriate, CASA is required to issue an Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of individual aircraft, which falls under the responsibility of the State of Registry, is maintained in accordance with Annex 8. The State of Design, such as the United States for Hartzell Propellers, must provide necessary information to support the airworthiness of their products, thereby facilitating international coordination and safety standards.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict requirements and obligations on parties to ensure compliance with ADs. Violations may lead to civil or criminal penalties, depending on the nature and severity of the breach. For instance, non-compliance with ADs can result in fines, imprisonment, or both, with maximum penalties outlined in the respective sections of the Act and Regulations. The enforcement of these penalties is a means to ensure that all parties adhere to the stringent safety standards set forth to protect the public and maintain the integrity of air navigation systems.