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 Inc. 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 2. The amended AD, AD/PHZL/76 Amendment 2, will become effective on 02 August 2005. This AD cancels and replaces both the original issue and Amendment 1.
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 establish and regulate the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA). In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, ensuring they meet safety standards. These ADs are legislative instruments under the Legislative Instruments Act 2003. The objective is to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for airworthiness on the State of Design and the State of Registry. Consequently, CASA issues ADs based on directives from the relevant State of Design, such as the amended AD/PHZL/76 Amendment 2 for Hartzell Propeller Inc. aircraft propellers, reflecting international safety standards and industry requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are designed to ensure the continuing airworthiness of aircraft, a responsibility held by the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, where necessary, issuing equivalent Australian ADs. This regulatory approach aligns with international obligations under the Convention on International Civil Aviation, ensuring that Australia meets its commitments to maintaining safe air navigation standards. The application of these ADs is not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international directives and are integral to fulfilling Australia’s obligations under the Convention. The issuance of such directives is a direct consequence of the legislative powers granted to CASA under the Act, and the regulations provide a clear pathway for their implementation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations for the Act’s purposes, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Essentially, these regulations empower CASA to mandate safety requirements for aircraft to ensure the safety of air navigation.
Under these provisions, CASA is responsible for ensuring the continuing airworthiness of aircraft on the Australian Register. This obligation is aligned with the State of Registry's responsibilities under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design, such as the USA for Hartzell Propellers, issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. For example, CASA issued AD/PHZL/76 Amendment 2 in response to the USA FAA’s AD 2003-03-20 Amendment 39-13045, which affects Hartzell Propeller Inc. model HC-C2YR-4CF aircraft propellers.
Failure to comply with an AD can result in serious consequences. According to section 46A of the Acts Interpretation Act 1901, ADs are disallowable instruments, meaning they can be annulled by a resolution of either House of the Parliament. Non-compliance with ADs can lead to significant civil or criminal penalties. Under the Civil Aviation Act 1988, CASA may impose administrative penalties for violations, and in more serious cases, criminal charges may be brought against the individual or corporate entity responsible for the non-compliance. These penalties can include substantial fines and, in extreme cases, imprisonment, reflecting the serious nature of ensuring the safety of air navigation.