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 2009-10-14 affecting Hartzell steel hub turbine propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PHZL/92, which will become effective on 30 July 2009.
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, enacted by the Commonwealth Parliament, serves to regulate civil aviation and ensure the safety of air navigation within Australia. This legislation establishes the framework for the regulation of airworthiness and safety standards, allowing for the creation of detailed regulations to manage various aspects of civil aviation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, provide further specificity and operational guidelines. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), mandated under section 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that CASA issues to ensure the continuing airworthiness of aircraft and aeronautical products, in line with international standards and obligations under the Convention on International Civil Aviation. This legislative framework is crucial for maintaining safety standards and ensuring compliance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, in line with the Civil Aviation Act 1988. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, with the State of Design bearing primary responsibility. CASA, as Australia's national airworthiness authority, is required to evaluate and, when necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. An example of this is AD/PHZL/92 issued by CASA in response to the United States Federal Aviation Administration's AD 2009-10-14 concerning Hartzell steel hub turbine propellers, effective from 30 July 2009. Given the international obligations and the nature of ADs, no public consultation is mandated, and a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. In line with subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act on the parties involved primarily focus on the responsibility for ensuring the airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, must provide essential information to ensure that the type remains airworthy, and this responsibility extends to any State of Registry where such aircraft are registered. For instance, if the United States issues an AD concerning a particular aircraft type, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue a corresponding Australian AD. This ensures that the Australian-registered aircraft comply with the safety standards set forth by the State of Design.
Non-compliance with the ADs issued under this Act can result in significant consequences. The Civil Aviation Safety Regulations 1998, along with the Civil Aviation Act 1988, stipulate penalties for breaches, although the specific penalties are not detailed in the provided text. Generally, the Act and associated regulations may impose both civil and criminal penalties for non-compliance, which could include fines and imprisonment, depending on the severity and circumstances of the breach. These legal repercussions underscore the importance of adhering to the airworthiness directives to maintain the safety and integrity of air navigation.