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/17 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 was enacted to provide a comprehensive legislative framework governing civil aviation in Australia, addressing issues related to safety, efficiency, and the orderly development of aviation. This Act empowers the Governor-General to make regulations, including those that pertain to the safety of air navigation, in accordance with section 98. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities and authorities of the Civil Aviation Safety Authority (CASA) in regulating the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of these regulations allows CASA to issue airworthiness directives (ADs), which serve as key instruments for ensuring the continuing airworthiness of aircraft in compliance with international standards set by the Convention on International Civil Aviation. The objective of these regulations is to uphold the highest safety standards in Australian civil aviation, aligning with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under these regulations, CASA has the authority to issue ADs for specific kinds of aircraft or aeronautical products in order to ensure the safety of air navigation. These ADs are legislative instruments and are issued to fulfil Australia's obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft engines and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, which in this context is Australia, is responsible for implementing the requirements to maintain the continuing airworthiness of aircraft within its jurisdiction. The ADs issued by CASA aim to address safety issues and ensure that aircraft and aeronautical products meet the necessary safety standards. The issuance of these directives is conducted without public consultation and does not require a Regulatory Impact Statement, reflecting their specific technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the safety and regulation of civil aviation in Australia. Under section 98, the Governor-General is empowered to create regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, which fall under this authority, include provisions that enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (reg. 39.001). These ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, serve as legislative instruments according to the Legislative Instruments Act 2003 (subreg. 39.001(5)).
The obligations imposed by these regulations centre around ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft engine type is designed, is responsible for the ongoing airworthiness of the engine type and must supply necessary information to the State of Registry, which is the country where the aircraft is registered (Annex 8, Convention on International Civil Aviation). The State of Registry, in turn, must establish or adopt requirements to maintain the continuing airworthiness of the aircraft, including propellers installed in the aircraft. In the case of Australia, CASA is the entity responsible for issuing and enforcing ADs to ensure compliance with these airworthiness requirements.
In relation to specific enforcement actions, CASA has issued and subsequently cancelled AD/PR/17, which concerned Dowty-Rotol propellers. This cancellation was enacted due to Australia's commitments under the Convention on International Civil Aviation and became effective on 19 November 2009. Given that the AD was cancelled in alignment with international obligations, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 also include provisions for penalties and consequences in the event of non-compliance with ADs. While the specific penalties for breaching ADs are not detailed in the provided text, such breaches can lead to civil or criminal liabilities. The severity of these consequences would depend on the nature and extent of the non-compliance, with potential outcomes including fines, imprisonment, or other regulatory sanctions as prescribed by relevant laws.