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 2006-15-13 affecting McCauley Propeller Systems propellers. The United States is the State of Design for these propellers. CASA has assessed this AD and has issued Australian AD/PMC/49, which will become effective on 28 September 2006.
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 was enacted to regulate civil aviation activities in Australia, primarily focusing on ensuring the safety and efficiency of air navigation. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Under this regulatory framework, CASA is tasked with assessing and issuing Australian ADs when required by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. In the specific case of McCauley Propeller Systems propellers, the United States, as the State of Design, issued an AD, which CASA assessed and subsequently mandated in Australia through AD/PMC/49, effective from 28 September 2006. This process underscores Australia’s commitment to international civil aviation standards, thereby ensuring that any necessary actions to maintain airworthiness are implemented without requiring public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations include ensuring the continuing airworthiness of aircraft and aeronautical products. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs if appropriate. This ensures that the safety standards and requirements are uniformly applied across the Australian fleet of registered aircraft.
Failure to comply with an airworthiness directive can lead to serious consequences. If an aircraft operator does not adhere to the AD requirements, they may face enforcement actions from CASA, including the potential grounding of the aircraft. Civil penalties can be imposed for non-compliance, which may include fines up to the statutory maximum for each day of non-compliance. In more severe cases, criminal charges may be brought against individuals or corporations, resulting in heavier fines and potential imprisonment. These penalties underscore the critical nature of adhering to ADs to maintain aviation safety.
In the specific case of AD 2006-15-13 issued by the United States Federal Aviation Administration (FAA) concerning McCauley Propeller Systems propellers, CASA has assessed the directive and issued Australian AD/PMC/49. This AD, which became effective on 28 September 2006, mandates the same safety requirements for propellers within the Australian-registered aircraft fleet. Given the international obligations under the Convention on International Civil Aviation and the nature of the directive as a response to a State of Design AD, no public consultation or Regulatory Impact Statement was required. The directive was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.