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 2007-08-02 affecting Hartzell propellers. The United States is the State of Design for these propellers. Since that time Hartzell have revised the service bulletin referenced in FAA AD 2007-08-02 which provides an alternative means of compliance for FAA AD 2007-8-02. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PHZL/87 Amendment 1. The amended AD will become effective on 7 May 2009. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, focusing on safety and efficiency within the industry. It provides the legal framework for the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives (ADs), to ensure the safety of air navigation. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 further empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, as per regulation 39.001, with subregulation 39.001(5) clarifying their disallowable status. The primary objective of these ADs is to maintain the continuing airworthiness of aircraft in line with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued in response to actions by the State of Design, requiring CASA to assess and potentially issue equivalent Australian ADs to comply with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Governor-General to issue regulations that ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft, a responsibility delegated to the State of Registry under Annex 8 to the Convention on International Civil Aviation. When the State of Design, such as the United States for Hartzell propellers, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The issuing of such ADs is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement. The amended ADs, such as AD/PHZL/87 Amendment 1, replace previous directives and are implemented by CASA under the authority vested in the Act.
Key Provisions
The main operative sections of the Civil Aviation (Airworthiness Directive) Amendment Regulations 2009 pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 (section 98) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (section 39.001). These sections establish the authority for the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The amendment in question specifically pertains to ADs for Hartzell propellers, as issued by the United States Federal Aviation Administration (FAA).
The obligations and requirements imposed by this Act on the parties governed by it primarily revolve around the maintenance and assurance of continuing airworthiness of aircraft. The State of Design, in this case, the United States, has the responsibility to provide necessary information to ensure the airworthiness of the aircraft type. Correspondingly, the State of Registry, which for Australian aircraft is CASA, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For the Australian context, CASA must ensure compliance with the ADs issued by the State of Design, particularly when they affect aircraft registered in Australia. The ADs must be aligned with the Convention on International Civil Aviation and must be issued in response to ADs raised by the relevant State of Design.
There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the ADs in the text. However, failure to comply with ADs can lead to serious safety implications and may result in the grounding of aircraft until the required actions are taken. The regulations do not detail specific penalties for non-compliance but underscore the importance of adhering to ADs to maintain the safety of air navigation. CASA’s role in issuing these ADs is crucial to ensuring that Australian aircraft meet international safety standards, thereby protecting both domestic and international flight safety.