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 Civil Aviation Safety Authority or its predecessors issued AD/PMC/27 Amendment 1 affecting McCauley 3AF34C74, 3AF34C86 and 3AF34C92 propellers fitted to Cessna 411, 411A, 421, 421A, 421B or Beagle B-206 series 2 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/PMC/27 Amendment 1. The cancellation will become effective on 9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 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 Parliament of Australia, addresses the regulation of civil aviation, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain safety standards. These ADs are legislative instruments subject to disallowance and review, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Act mandates CASA to evaluate ADs issued by the State of Design and, if necessary, issue corresponding ADs for aircraft registered in Australia. The Civil Aviation Safety Authority has recently cancelled Australian AD/PMC/27 Amendment 1 for McCauley propellers fitted to certain Cessna and Beagle aircraft, effective 9 April 2009, due to the resolution of the unsafe condition identified, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which applies to all kinds of aircraft and aeronautical products registered in Australia. The ADs are legislative instruments and serve as crucial tools for ensuring the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia, and it must implement ADs issued by the State of Design of an aircraft type. The authority to issue ADs is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, and any ADs issued by CASA are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these regulations is national, extending across Australia and its territories, and there are no specified exclusions or thresholds mentioned in the text. Any modifications or extensions to the application of ADs may be made through subordinate instruments, but such details are not provided in the given text.
Key Provisions
The Civil Aviation Act 1988, in particular under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is crucial for maintaining the safety and airworthiness of aircraft. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily centred around the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft was designed) holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide all necessary information to ensure this airworthiness. The State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaching the obligations set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various consequences. Under section 84A(2) of the Act, CASA has the authority to issue airworthiness directives. Non-compliance with these directives can lead to significant civil and criminal penalties. For example, if an operator fails to comply with an AD, they may face fines, imprisonment, or both. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Act and Regulations. CASA can also take enforcement actions such as grounding non-compliant aircraft, which can have severe operational and financial implications for the operators.
The regulatory process ensures that all stakeholders are aware of their obligations and the potential consequences of non-compliance. While this specific AD has been cancelled due to Australia's obligations under the Convention on International Civil Aviation, the overarching framework remains in place to ensure the safety and airworthiness of aircraft continue to be rigorously maintained.