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 issued AD 2006-18-15 affecting Hartzell propellers. The United States is the State of Design for these propellers. CASA has reviewed the AD and amended the equivalent Australian AD to AD/PHZL/86 Amendment 1. The amended AD will become effective on 7 June 2007. 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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework is designed to address the problem of ensuring the continuing airworthiness of aircraft types and individual aircraft within Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry. The policy objective is to maintain and enhance aviation safety by mandating necessary actions and requirements for aircraft maintenance and operation.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments made under the authority of the Governor-General. The Act applies to the aviation industry, specifically to aircraft operators, manufacturers, and other entities involved in the design, maintenance, and operation of aircraft within Australia. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to ensure safety and compliance with international standards. The geographic reach of these regulations is national, applying to all aircraft registered in Australia regardless of their origin. The ADs are issued in response to international airworthiness directives, such as those issued by the Federal Aviation Administration (FAA) in the United States, and are made without public consultation as they are directly linked to international obligations under the Convention on International Civil Aviation. The issuance of these directives is a non-negotiable requirement for maintaining the airworthiness of aircraft, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are essential tools for maintaining the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that aircraft types meet continuing airworthiness standards. Correspondingly, the State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
Under these provisions, CASA has reviewed an AD issued by the United States Federal Aviation Administration (FAA) concerning Hartzell propellers, which are designed by the United States. CASA has subsequently amended the equivalent Australian AD to AD/PHZL/86 Amendment 1, which will take effect from 7 June 2007. This amendment cancels and replaces the previous AD, reflecting Australia’s obligations under the Convention on International Civil Aviation and CASA's response to the AD issued by the relevant State of Design. It is noteworthy that, due to the international nature of this directive and its basis in treaty obligations, no public consultation was required for this AD, and the Office of Regulatory Review has determined that it does not necessitate a Regulatory Impact Statement.
In terms of enforcement and consequences, any breach of the requirements set forth in these ADs could lead to serious civil or criminal penalties. While specific penalties are not detailed within the provided text, under the general purview of the Civil Aviation Act 1988, non-compliance can result in substantial fines, imprisonment, or both. The exact penalties would depend on the nature and severity of the breach, as well as other relevant factors that could be considered under the Act.