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 has issued AD 2003-04-22 affecting Hartzell propeller control units. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PHZL/84, which will become effective on 19 January 2006.
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, enacted to ensure the safety of air navigation, empowers the Governor-General to create regulations for this purpose. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, ensures the aircraft's compliance with these standards. Following the issuance of a U.S. AD for Hartzell propeller control units by the FAA, CASA has issued Australian AD/PHZL/84, which will take effect on 19 January 2006, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically mandates that CASA can issue such directives, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft types and are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and requires them to share necessary information with the States of Registry. Consequently, when a State of Design issues an AD, the State of Registry, in this case CASA, must evaluate the information and, if deemed necessary, issue a corresponding Australian AD. This process is exemplified by the issuance of Australian AD/PHZL/84 in response to the United States Federal Aviation Administration's AD 2003-04-22 concerning Hartzell propeller control units, which will take effect from 19 January 2006. The AD has been issued without public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting the international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations for the safety of air navigation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). This legislative framework ensures that aircraft meet the necessary safety standards and can be operated without risk to the public or the aircraft itself.
The obligations imposed by these regulations primarily concern CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, must evaluate any airworthiness directives issued by the State of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD to ensure compliance with international standards and maintain the safety of aircraft registered in Australia (Civil Aviation Safety Regulations 1998, reg 39.001(5)). The State of Registry is also responsible for ensuring that the aircraft under its jurisdiction remain airworthy, which includes adhering to any ADs issued by CASA or the State of Design.
Failure to comply with an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, operators who do not adhere to the requirements of an AD may face civil penalties, including fines, and criminal penalties, such as imprisonment (Civil Aviation Act 1988, s 98). The specific penalties are not outlined in the Act but can vary based on the severity and impact of the non-compliance. For instance, serious non-compliance could result in substantial fines, while repeated or egregious violations might lead to imprisonment. It is crucial for all parties involved to adhere strictly to the ADs to avoid these severe consequences.