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 EASA issued AD 2009-0005 affecting Dowty Aerospace R389 and R390 series propellers. The United Kingdom is the State of Design for these types. CASA has amended the equivalent Australian AD to AD/PR/33 Amendment 3 which will become effective on 12 March 2009. This AD cancels and replaces the previous issue.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for the safety and efficiency of civil aviation in Australia, ensuring compliance with international standards. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing and, when necessary, issuing Australian airworthiness directives in response to those issued by the relevant State of Design. This approach ensures that Australian aviation remains compliant with global standards, maintaining safety and interoperability within the international aviation community.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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 to ensure safety in air navigation. These ADs, which are legislative instruments, apply to the State of Registry of individual aircraft, mandating their compliance with continuing airworthiness requirements. In the context of the United Kingdom's State of Design for certain types of aircraft, CASA issues corresponding Australian ADs to align with international standards and obligations under the Convention on International Civil Aviation. The ADs, such as AD/PR/33 Amendment 3, are directly responsive to international ADs issued by the relevant State of Design, and no public consultation is required as they arise from Australia's international commitments. The ADs are issued by CASA in accordance with the Act, without the need for a Regulatory Impact Statement, ensuring a streamlined process for maintaining air safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 (subregulation 39.001(5)). These ADs are legislative instruments and serve as critical tools for maintaining the continuing airworthiness of aircraft, in line with the obligations set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United Kingdom for Dowty Aerospace R389 and R390 series propellers, has the primary responsibility for ensuring the airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must evaluate the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, in response to AD 2009-0005 issued by the European Aviation Safety Agency (EASA), CASA has amended the Australian AD to AD/PR/33 Amendment 3, effective from 12 March 2009.
The obligations imposed by these regulations require CASA to ensure that all relevant stakeholders, such as aircraft operators and maintenance providers, comply with the ADs. This includes adhering to the specific maintenance, repair, or operational requirements outlined in the ADs to maintain the airworthiness of the aircraft. Operators must follow the procedures and timelines specified in the ADs to address any identified safety issues, and CASA monitors compliance through inspections and audits. Additionally, manufacturers and design entities must provide timely and accurate information to CASA to facilitate the issuance of effective ADs.
Failure to comply with the requirements of an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive is an offence. The specific penalties for breaching ADs can include fines and imprisonment. The maximum penalties for such offences are outlined in the Civil Aviation Act 1988, reflecting the seriousness of ensuring the safety of air navigation. CASA has the authority to take enforcement actions against entities that fail to comply with ADs, which may include grounding aircraft, imposing fines, or pursuing legal action against the non-compliant party. The enforcement of ADs is critical to upholding the high safety standards required in the aviation industry.