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.
CASA raised AD/PMC/47 to correct an unsafe situation on McCauley threaded Propellers. The applicability of the AD is limited to propellers last released by an Australian propeller overhaul shop. An inspection of propeller hubs released by Australian Air Props revealed deficiencies in their non-destructive-testing processes with regard to eddy-current inspection. This situation, if not corrected, might lead to propeller hub failure. Since all installed propellers would have been inspected by earlier amendments of this AD, CASA has amended AD/PMC/47 to amendment 2, affecting uninstalled propellers only. The State of Design for McCauley Propellers, USA, has not yet taken action to correct this unsafe condition. As Australian Air Props is an Australian based maintenance organisation, CASA has developed an AD to correct the problem on Australian aircraft.
CASA has not consulted with the Australian industry and public because this is an amendment to an Australian unique AD already in place. Also, requirements of amended AD are less stringent than earlier amendments and will provide relief to Australian Aviation industry
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 Australian Parliament, governs the safety and regulation of civil aviation in Australia. In addressing the need for ongoing aircraft airworthiness and safety, the Act empowers the Governor-General to establish regulations under section 98, ensuring these align with the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products through regulation 39.001. The ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, as per the Legislative Instruments Act 2003. CASA issued AD/PMC/47 to address an unsafe situation with McCauley threaded propellers, specifically targeting deficiencies in non-destructive testing processes detected in propeller hubs released by Australian Air Props. The AD was amended to correct the issue affecting uninstalled propellers, thereby mitigating potential propeller hub failures. CASA developed this AD independently, as the State of Design had not yet acted on the issue, and it was not subject to consultation due to its nature as an amendment to an existing AD. The amendment was made by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under this legislation, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The ADs serve as a regulatory instrument to mandate the necessary requirements for the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The scope of these directives applies to propellers last released by Australian propeller overhaul shops, specifically addressing safety concerns identified in the non-destructive testing processes of propeller hubs. Although the ADs are aligned with international obligations, CASA has the discretion to issue unique ADs tailored to address specific issues within the Australian aviation context. The application of these ADs is limited to the Australian Register, and CASA exercises its authority without the need for extensive consultation or regulatory impact assessment in certain cases, particularly when amendments pertain to existing ADs and do not introduce new stringent requirements.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft types, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of a type and must provide necessary information to appropriate States of Registry, which in turn must develop or adopt requirements to ensure the airworthiness of aircraft within their jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, assesses the information provided by the State of Design and issues Australian ADs as necessary.
Entities governed by the Civil Aviation (Airworthiness) Regulations 1998 have specific obligations. For instance, the State of Design must provide all necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must assess this information and, if required, issue an Australian AD to mandate the necessary requirements. Maintenance organisations, such as Australian Air Props, must adhere to the ADs issued by CASA and ensure that their inspection processes meet the required standards to avoid propeller hub failures. Furthermore, CASA must ensure that ADs are consistent with international standards and requirements, as outlined in Annex 8.
Failure to comply with an AD can result in serious consequences. If an aircraft is operated in a manner that does not comply with the ADs, it may be considered unairworthy. This can lead to enforcement actions by CASA, including fines and other penalties. The severity of the penalties depends on the nature and extent of the non-compliance. For example, operating an aircraft that does not meet the requirements of an AD could result in a fine of up to $1.65 million for corporations and $330,000 for individuals, as stipulated under section 18 of the Civil Aviation Act 1988. Additionally, CASA can take action to prevent the operation of non-compliant aircraft, which can have significant implications for the operators and owners of the affected aircraft.