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 2007-08-02 affecting Hartzell propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PHZL/87 which will become effective on 7 June 2007.
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, enacted by the Commonwealth Parliament, establishes the framework for the regulation of civil aviation in Australia. The Act provides the legal basis for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act grants the Governor-General the authority to make regulations, including ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers CASA to issue ADs for specific types of aircraft or aeronautical products. In the case of ADs issued in response to those from States of Design, such as the United States Federal Aviation Administration’s AD 2007-08-02 concerning Hartzell propellers, CASA must evaluate and, if necessary, issue corresponding Australian ADs, such as AD/PHZL/87, to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which include the issuance of airworthiness directives (ADs), apply to all aircraft and aeronautical products within Australia. These regulations are governed by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interest of air navigation safety. Under regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. Notably, ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments according to the Legislative Instruments Act 2003. The scope of these regulations extends to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Registry being responsible for the individual aircraft and the State of Design responsible for the type of aircraft. In the case of international ADs, such as the one issued by the United States FAA affecting Hartzell propellers, CASA evaluates and, if necessary, issues corresponding Australian ADs to ensure compliance with international standards. The process for issuing these ADs is streamlined to meet international obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Under these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative framework is essential for maintaining the continuing airworthiness of aircraft, in line with the Convention on International Civil Aviation.
The obligations imposed by these provisions are significant for both CASA and the State of Registry of an aircraft. The State of Design is primarily responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. In Australia, CASA acts as the national airworthiness authority and must assess information from the State of Design, issuing corresponding Australian ADs when necessary to enforce the required safety standards. The State of Registry, in this case, Australia, must then ensure that the individual aircraft meet these continuing airworthiness requirements. These obligations underscore the importance of international cooperation and adherence to safety standards set by ICAO.
Failure to comply with ADs can result in severe consequences. The Act does not explicitly state the penalties for non-compliance, but it is implied that such non-compliance could lead to significant legal and safety repercussions. In practical terms, not adhering to ADs can result in the grounding of aircraft, legal action against operators, and potential criminal charges if the non-compliance leads to accidents or fatalities. Additionally, CASA has the authority to take enforcement actions against entities that fail to comply with ADs, which could include fines, revocation of airworthiness certificates, or other regulatory sanctions.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing ADs to ensure the safety of air navigation. CASA’s role in assessing and implementing ADs is crucial, as is the responsibility of the State of Registry to ensure aircraft comply with these directives. The potential consequences of non-compliance highlight the importance of adhering to these safety measures.