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, the Civil Aviation Safety Authority (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 engine 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, including the continuing airworthiness of propellers installed in aircraft.
CASA or its predecessors issued AD/PR/1 affecting Dowty-Rotol propellers. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 19 November 2009. No replacement AD is required.
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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as a foundational piece of legislation to ensure the safety and efficiency of civil aviation within Australia. The Act grants the Governor-General the authority to establish regulations aimed at enhancing the safety of air navigation. A key instrument within this regulatory framework is the issuance of airworthiness directives (ADs), which are managed under the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a pivotal role in issuing these directives, ensuring compliance with both national and international aviation safety standards. The policy objective behind these regulations is to uphold high standards of aviation safety and to align Australian practices with international conventions, thereby protecting the public and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for ensuring the continuing airworthiness of such products and aircraft, aligning with the obligations of the State of Registry and the State of Design as stipulated in Annex 8 to the Convention on International Civil Aviation. The issuance of these directives by CASA is integral to the national regulatory framework governing civil aviation safety. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance follows established regulatory processes as outlined in the Civil Aviation Safety Regulations. The scope of these regulations extends to the entire aviation industry within Australia, necessitating compliance from aircraft operators, manufacturers, and other relevant entities. However, the specific AD/PR/1 for Dowty-Rotol propellers, issued by CASA, has been cancelled due to Australia’s international obligations, without necessitating public consultation or a Regulatory Impact Statement. This cancellation, effective from 19 November 2009, does not require a replacement AD.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft as per the Convention on International Civil Aviation, with the State of Design having overall responsibility for engine types and the State of Registry responsible for individual aircraft. The Civil Aviation Act 1988 provides the legislative basis for these regulations, with section 98 authorising the Governor-General to enact regulations in the interest of air navigation safety.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed include ensuring the continuing airworthiness of aircraft and aeronautical products, as mandated by Annex 8 of the Convention. CASA, as the regulatory authority, must issue ADs to meet these obligations, thereby enforcing compliance with safety standards. The State of Design must provide necessary information to ensure the airworthiness of engines and other aeronautical products, while the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft, including propellers installed in them. These requirements are integral to maintaining the safety and reliability of air navigation.
Breaches of the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. The specifics of penalties are not detailed in the provided text, but under Australian law, violations can lead to fines and, in severe cases, imprisonment. The nature and extent of the penalties would depend on the particular breach and the severity of the infraction, as determined by the relevant authorities. The issuance and enforcement of ADs are critical to preventing such breaches, ensuring that all aeronautical products and aircraft maintain the required airworthiness standards.