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 2006-18-15 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/86, which will become effective on 23 November 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 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 create regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, which are subject to disallowance and the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby mandating necessary safety measures. The overarching policy objective of these regulations is to maintain and enhance the safety of air navigation in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, such as the United States in the case of Hartzell propellers, holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to ensure such airworthiness. CASA, as Australia's national airworthiness authority, is mandated to assess this information and issue corresponding Australian ADs when required. In this particular instance, CASA has issued AD/PHZL/86 following the assessment of FAA's AD 2006-18-15, which became effective on 23 November 2006. Given the international obligations under the Convention on International Civil Aviation and the nature of the AD as a response to a State of Design directive, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was made by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in line with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legal framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products, making these directives a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. Under this international agreement, the State of Design is responsible for the overall airworthiness of an aircraft type and must provide necessary information to States of Registry, which are tasked with ensuring the continuing airworthiness of individual aircraft.
The obligations under these regulations are significant. The State of Design, in this case, the United States, must issue ADs when necessary to maintain the airworthiness of aircraft types within its jurisdiction. CASA, as Australia's national airworthiness authority, is required to assess these ADs and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design. For instance, the United States Federal Aviation Administration (FAA) issued AD 2006-18-15 concerning Hartzell propellers, which CASA assessed and subsequently issued as Australian AD/PHZL/86, effective from 23 November 2006. This process ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with ADs can result in serious consequences. Operators of aircraft must adhere to the requirements specified in ADs to ensure the safety and airworthiness of their aircraft. Non-compliance can lead to penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The exact penalties can vary depending on the severity of the breach but may include fines and potential criminal charges. The seriousness of these consequences underscores the importance of adhering to ADs, which are designed to prevent accidents and maintain the highest safety standards in civil aviation.