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/39 affecting McCauley Propeller model B2A34C205/90DHA-4 with Blade S/Nos DA001 to DA040. CASA has assessed this AD and as a result has cancelled Australian AD/PMC/39. 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 was enacted to ensure the safety of air navigation in Australia and to provide a legislative framework for civil aviation. The Act empowers the Governor-General to create regulations that serve the interests of aviation safety, with one such regulation being the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that allow the Civil Aviation Safety Authority (CASA) to mandate the continuing airworthiness of aircraft and aeronautical products. This legislative framework is essential to align Australia's aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry in ensuring the ongoing airworthiness of aircraft. The ADs serve as a crucial mechanism for communicating necessary safety measures, and their issuance or cancellation, such as the case with AD/PMC/39 affecting McCauley Propeller model B2A34C205/90DHA-4, reflects the dynamic nature of maintaining safe aviation practices in line with international and domestic standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs concerning types of aircraft or aeronautical products, thereby mandating safety standards and procedures. These ADs are considered legislative instruments and must comply with the requirements set out in the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, with CASA acting as Australia's national airworthiness authority. The application of these directives extends to all aircraft and aeronautical products registered in Australia, requiring compliance by aircraft operators and other relevant entities. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that ADs are disallowable instruments under the Acts Interpretation Act 1901, thereby subjecting them to parliamentary scrutiny. While the ADs themselves do not typically require public consultation or a Regulatory Impact Statement, they are crucial in maintaining the safety standards mandated by the Civil Aviation Act 1988 and the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of the same regulations designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003. These directives are pivotal for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation.
In terms of obligations, the State of Design holds overarching responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to ensure compliance with airworthiness standards. This responsibility includes issuing ADs, which serve as a primary means of disseminating continuing airworthiness information. Conversely, the State of Registry must develop or adopt requisite regulations to uphold the continuing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is mandated to evaluate the AD and, if necessary, issue an Australian AD to enforce the design state’s requirements.
Non-compliance with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, any breach of an AD may result in civil penalties. For instance, in section 125, the Act stipulates that an operator of an aircraft or a person in charge of an aeronautical product must comply with an AD. Failure to do so can result in fines or imprisonment, with specific penalties outlined in the regulations. CASA has the authority to issue infringement notices for minor breaches, which can incur fines up to a certain monetary limit, while more severe violations may result in higher fines and potential imprisonment, as detailed in the relevant sections of the Civil Aviation Act 1988 and associated regulations.