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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/PHZL/86 Amdt 1 affecting various Hartzell Propeller models. The United States FAA issued AD 2009-22-03 on 2 October 2009 which supersedes the requirements of AD/PHZL/86 Amdt 1 and as such this AD has been cancelled. The United States is the state of design for these propellers. The cancellation will become effective on 4 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a focus on ensuring safety and efficiency within the industry. This legislation empowers the Australian Civil Aviation Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 were subsequently developed to implement the provisions of the Civil Aviation Act 1988, and they outline the process for CASA to issue ADs to maintain the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments, which must comply with the requirements of the Legislative Instruments Act 2003. The overarching policy objective of these regulations is to ensure the safety of air navigation in Australia, consistent with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory approach aligns with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must then assess and, if necessary, issue Australian ADs to enforce these requirements. For instance, when the United States, as the State of Design, issued AD 2009-22-03 superseding AD/PHZL/86 Amdt 1 for Hartzell Propeller models, CASA cancelled the earlier directive, effective 4 February 2010. This action was taken under the authority granted by section 94(1) of the Act, without public consultation, as the Office of Best Practice Regulation deemed ADs not to require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. These ADs are vital for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA, as the national airworthiness authority, to review and, if necessary, issue an Australian AD when a State of Design issues a corresponding directive. This ensures that the requirements set by the State of Design are implemented in Australia, maintaining safety standards consistent with international conventions. The State of Registry is also mandated to develop or adopt necessary requirements for continuing airworthiness, reinforcing the collaborative effort between different states to uphold aviation safety standards.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence. The penalties for such breaches can be severe, including fines and imprisonment, as stipulated by the Act. Specifically, the Act may impose penalties up to a maximum of 12 months imprisonment or fines up to 10,000 penalty units for individuals, and up to 50,000 penalty units for corporations. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.