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 US FAA has issued AD 2006-22-12 affecting Hartzell Propellers. The USA is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PHZL/89, which will become effective on 17 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for ensuring the safety of civil aviation within Australia. The Act allows for the creation of regulations to safeguard air navigation, and among these is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate requirements for the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing such directives, ensuring that they meet Australia’s obligations under the Convention. This legislative mechanism ensures that Australia can respond to safety issues identified by the State of Design, as exemplified by the issuance of Australian AD/PHZL/89 in response to the US FAA’s AD 2006-22-12 concerning Hartzell Propellers. Given the international nature and urgency of such safety measures, these directives are issued without public consultation and do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for ensuring the safety of air navigation in Australia, and the Civil Aviation Safety Regulations 1998 contain the regulatory detail that implements this framework. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are made in accordance with the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and on the State of Registry for individual aircraft. The ADs issued by CASA, as Australia’s national airworthiness authority, are in response to assessments of ADs issued by the State of Design, and in this case, the Manager, Systems in the Airworthiness Engineering Branch has issued AD/PHZL/89 following CASA’s assessment of an AD issued by the United States Federal Aviation Administration. Given the international nature of the obligations and the specific circumstances of each AD, there is no requirement for public consultation or a Regulatory Impact Statement under the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with the primary focus being the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies ADs as disallowable instruments, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily on CASA as Australia's national airworthiness authority. CASA is responsible for ensuring the continuing airworthiness of aircraft on the Australian Register, which involves assessing information from the State of Design when an AD is issued in another country. In this case, the United States is the State of Design for Hartzell Propellers, and CASA has issued Australian AD/PHZL/89 in response to the US FAA's AD 2006-22-12. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA's role is to ensure that Australian aircraft comply with the ADs issued by the State of Design.
The Act and the Regulations impose specific requirements on CASA to issue ADs in alignment with international obligations. This includes assessing the necessity of issuing an AD when the State of Design issues one for aircraft on the Australian Register. Additionally, CASA must ensure that the AD is issued in a timely and effective manner, as evidenced by the issuance of Australian AD/PHZL/89, which became effective on 17 September 2007. CASA's role is to maintain the safety and airworthiness of aircraft in Australia, which necessitates a proactive approach to ADs issued by other States of Design.
Breach of the requirements under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. While the specific penalties are not detailed in the provided text, non-compliance with ADs can result in severe penalties, including fines and imprisonment, as these regulations are fundamental to ensuring the safety of air navigation. CASA's authority to issue ADs is supported by the legislative framework, and any failure to adhere to these directives can lead to enforcement actions by CASA. The legislative instruments act as a deterrent against non-compliance, reinforcing the importance of adhering to airworthiness standards.