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 2002-22-08 affecting Hartzell propellers. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PHZL/85, 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs), which are implemented under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is authorised to issue these ADs, which serve as legislative instruments under the Acts Interpretation Act 1901. This legislative framework responds to the requirement under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In accordance with these international obligations, CASA is required to assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, thereby mandating compliance with certain safety standards. The ADs are legislative instruments under the Acts Interpretation Act 1901, and their issuance aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The application of these ADs extends to any aircraft registered within Australia, with CASA acting as the national airworthiness authority responsible for assessing and issuing ADs that align with directives from the aircraft’s State of Design. This process ensures that Australian-registered aircraft maintain the required airworthiness standards in accordance with international obligations and local regulatory requirements.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the Act, focusing on air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. As per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These ADs serve as the primary means of ensuring the ongoing airworthiness of aircraft types, as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include responsibilities for the State of Design and the State of Registry. The State of Design, which is the country where the aircraft is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. In turn, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
In the case of AD 2002-22-08, which affects Hartzell propellers, the United States Federal Aviation Administration (FAA) issued the directive as the State of Design. CASA assessed this directive and issued Australian AD/PHZL/85, which will take effect on 19 January 2006. Given that this AD is issued in response to international obligations and a directive from the relevant State of Design, no consultation with the Australian public was necessary. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could result in significant consequences. While specific offences, penalties, or consequences for breaching ADs are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can lead to serious safety risks, and regulatory authorities may impose civil or criminal penalties, including fines and potential criminal charges, depending on the severity and impact of the breach. The exact penalties would be determined based on the specific regulatory framework and the nature of the non-compliance.