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 Kingdom CAA issued AD G-2005-0027 affecting Dowty propellers fitted to CASA 212 aircraft. The United Kingdom is the State of Design for these propeller types. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PR/35 Amendment 3. The amended AD will become effective on 26 September 2005. 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, 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as legislative instruments to maintain the airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) assumes the responsibility of the State of Registry, ensuring that Australian aircraft meet continuing airworthiness standards, and issuing ADs as necessary in response to international directives from the State of Design. The objective of this legislation is to harmonise Australian civil aviation practices with international standards, thereby enhancing the safety and reliability of air travel.
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. These ADs are intended to ensure the ongoing safety of air navigation in Australia, in line with international standards set by the International Civil Aviation Organization (ICAO). The ADs apply to all aircraft registered in Australia and must be adhered to by the State of Registry, which in this case is CASA. The issuance of these ADs is in response to airworthiness concerns identified by the State of Design, with the UK Civil Aviation Authority being an example in this instance. ADs serve as legislative instruments, as they are disallowable under the Acts Interpretation Act 1901, and thus must be made in accordance with the Legislative Instruments Act 2003. It is important to note that no public consultation is required for these ADs as they are issued in response to international obligations and directives from the respective State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process of ensuring the continuing airworthiness of aircraft in Australia.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 (Regulations) under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments, as per subsection 46A(1) of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The State of Design for an aircraft type holds the overarching responsibility for ensuring the aircraft’s continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. In the event that the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
Entities governed by these regulations must adhere to the directives issued by CASA. Specifically, the State of Registry for an individual aircraft must ensure its continuing airworthiness, either by developing or adopting appropriate requirements. When CASA issues an Australian AD, it mandates compliance with the specified requirements, which may include modifications, repairs, inspections, or operational restrictions. Entities, such as aircraft operators or maintenance organisations, must implement these requirements within the stipulated timeframes to maintain the airworthiness of their aircraft.
Failure to comply with the requirements of an AD can lead to serious consequences. Infractions may result in civil penalties, including fines, as well as criminal charges. Under section 84A(2) of the Civil Aviation Act 1988, the maximum penalty for a serious breach can be substantial, reflecting the critical importance of air safety. In addition to financial penalties, non-compliance can also result in the grounding of aircraft, suspension of airworthiness certificates, or other enforcement actions taken by CASA to ensure compliance and uphold the highest safety standards.