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.
CASA issued AD/PHZL/87 Amdt 1 in respect of Hartzell Propeller Inc. Model HC-E4A-3( )/E10950( ) Propellers. CASA has reviewed this AD and has amended it to reflect the compliance section of the latest revision of the manufacturer’s service bulletin, (Hartzell Propeller Inc. SB No. HC-SB-61-287), which is approved as an AMOC to the original compliance interval as detailed in FAA AD 2007-08-02. The amended AD, AD/PHZL/87 Amdt 2 will become effective on 24 August 2010. This AD cancels and replaces the previous issue.
This amendment represents a reduced maintenance burden for operators due to the increase in compliance interval between propeller blade thrust bear replacements. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with Section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for regulating civil aviation in Australia, focusing on safety and efficiency. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are critical tools for maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are designed to address potential safety issues and are a legislative instrument as defined by the Legislative Instruments Act 2003. The Civil Aviation Act 1988, through CASA's issuance of ADs, aims to uphold high safety standards in Australia's aviation sector, ensuring that aircraft meet necessary safety requirements and that any identified risks are promptly addressed.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety and continuing airworthiness of aircraft within Australia. The Act applies to any person or entity involved in the operation of aircraft registered in Australia, encompassing both domestic and international flights. The ADs are legislative instruments that mandate compliance with safety standards and procedures specified by CASA, which acts as the national airworthiness authority. The regulations extend their reach to all aircraft and aeronautical products operating under the Australian Register, ensuring that safety standards are uniformly enforced across the aviation industry. Notably, ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are subject to review and amendment as necessary to reflect the latest safety standards and industry practices. The issuance of ADs is a critical function of CASA, mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for ensuring the continuing airworthiness of aircraft types.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. A notable AD issued by CASA is AD/PHZL/87 Amdt 2, concerning Hartzell Propeller Inc. Model HC-E4A-3( )/E10950( ) Propellers, which became effective on 24 August 2010. This directive replaces the previous AD/PHZL/87 Amdt 1 and reflects changes in the manufacturer’s service bulletin, Hartzell Propeller Inc. SB No. HC-SB-61-287, approved as an AMOC to the original compliance interval detailed in FAA AD 2007-08-02. The amendment reduces the maintenance burden for operators by increasing the compliance interval between propeller blade thrust bear replacements.
The obligations imposed by the ADs require the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry to develop or adopt requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD. In this case, CASA reviewed and amended AD/PHZL/87 Amdt 1, resulting in AD/PHZL/87 Amdt 2. Although CASA did not consult with the Australian industry and public due to the absence of safety concerns raised by this amendment, it ensured the AD aligns with safety standards and legislative requirements.
The Civil Aviation Act 1988 and the associated regulations impose specific obligations on the parties involved. CASA must ensure that ADs are issued in the interest of air navigation safety, and the State of Registry must implement the requirements set forth in the ADs to maintain airworthiness. Operators of the affected aircraft must comply with the ADs, which include the updated maintenance intervals for the propeller blades as specified in AD/PHZL/87 Amdt 2. Failure to comply with an AD may result in the aircraft being considered unairworthy, leading to enforcement actions by CASA.
Under the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to serious consequences. CASA has the authority to take enforcement actions against operators who do not adhere to the ADs, which may include fines and other penalties. The exact penalties are not specified in the document, but they are designed to ensure compliance with safety standards. Additionally, aircraft found to be in violation of an AD may be grounded until the necessary actions are taken to bring them into compliance, thereby ensuring the safety of air navigation.