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 USA FAA has issued AD 2005-24-09 affecting McCauley aircraft propellers. USA is the State of Design for these propeller types. CASA has assessed this AD and has issued Australian AD/PMC/48, which will become effective on 15 December 2005.
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, 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 Commonwealth Parliament, aims to provide for the safety of air navigation and the continuing airworthiness of aircraft within Australia. The Act allows for the creation of regulations that are essential for ensuring the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the airworthiness of aircraft, in line with Australia’s obligations under the Convention on International Civil Aviation. The objective of these regulations is to ensure that aircraft operating in Australia meet the necessary safety standards, thereby safeguarding public safety and the integrity of the national airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the primary objective of ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations to achieve the Act's purposes, including ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. As per subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003. These directives are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding Australian ADs to ensure compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations for the Act's purposes and for 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. As per subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on CASA and other parties are significant. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country responsible for the design of the aircraft, has the overarching duty to ensure the continuing airworthiness of an aircraft type. This includes providing all necessary information to the relevant States of Registry to maintain airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and related provisions impose strict compliance requirements on all parties involved. CASA, as Australia's national airworthiness authority, must rigorously assess any ADs issued by the State of Design and determine if an Australian AD is necessary. If an Australian AD is deemed necessary, CASA must issue it to ensure that all affected aircraft meet the safety standards required by international agreements. Failure to comply with these regulations can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines and potential criminal charges. The maximum penalties for breaches can be significant, reflecting the critical importance of airworthiness directives in maintaining the safety of air navigation.