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/21 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 by the Australian Parliament to provide a framework for the regulation of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulation to ensure the safety and efficiency of civil aviation. The Act empowers the Governor-General to make regulations under section 98, which serves the interests of air navigation safety. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry under Annex 8 of the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that Australia meets its international obligations and maintains high safety standards in the aviation sector. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance reflects Australia's commitment to global aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These regulations extend to the State of Registry of an individual aircraft, which is responsible for the ongoing airworthiness of that aircraft and any installed propellers. Notably, CASA, as the regulatory authority, has the capacity to issue ADs as legislative instruments, which are subject to disallowance by Parliament as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, ADs serve as the primary mechanism for disseminating continuing airworthiness information to appropriate States of Registry. This specific AD/PR/21, affecting Dowty-Rotol propellers, has been cancelled by CASA due to the State of Design's obligations under the Convention, and as such, no public consultation was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the streamlined and targeted nature of these safety measures.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to enact regulations for the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments (s 6 of the Legislative Instruments Act 2003). According to subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This means that an AD is subject to parliamentary scrutiny and may be disallowed if it does not meet certain criteria. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an engine type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of an individual aircraft, including the airworthiness of propellers installed in it.
Entities governed by the Civil Aviation Safety Regulations 1998, particularly CASA, are mandated to issue airworthiness directives as stipulated in regulation 39.001. This obligation ensures that aircraft and aeronautical products meet the required safety standards, which is crucial for maintaining the safety of air navigation. CASA is also responsible for reviewing existing directives and, when necessary, cancelling them. For instance, AD/PR/21 affecting Dowty-Rotol propellers was reviewed and subsequently cancelled by CASA, effective from 19 November 2009, due to Australia's obligations under the Convention on International Civil Aviation. This cancellation was made without public consultation, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not require a Regulatory Impact Statement. The AD cancellation was executed 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.
Failure to comply with the requirements of the Civil Aviation Safety Regulations 1998, including the issuance, review, and cancellation of airworthiness directives, may result in legal consequences. While specific penalties are not detailed in the provided text, general provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 may apply. Penalties for non-compliance could range from fines to imprisonment, depending on the severity of the breach. For instance, offences under the Civil Aviation Act 1988 can result in fines of up to $1,100,000 for corporations and $220,000 for individuals, along with potential imprisonment. Ensuring adherence to these regulations is thus critical for maintaining the safety and integrity of Australia's civil aviation system.