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.
CASA issued AD/PR/40 affecting Dowty R408/6-123-F/17 aircraft propellers. As a result of a request from industry CASA has assessed this AD and has decided to amend it to remove reference to AD/DHC-8/144 which has been superseded by a new State of Design AD. The amended AD, AD/PR/40 Amdt 1, will become effective on 21 July 2010. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation in Australia and includes provisions for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Pursuant to section 98 of this Act, the Governor-General is empowered to make regulations for the Act, which are detailed in the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The policy objective of this legislative framework is to uphold the safety standards of aircraft operating within Australian airspace, aligning with international obligations under the Convention on International Civil Aviation. The issuance of ADs is a response to the need for continuous airworthiness of aircraft, ensuring that any safety issues identified are addressed promptly and effectively.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design bears the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia's national airworthiness authority, must implement the necessary requirements to ensure the aircraft's ongoing airworthiness. For instance, CASA issued AD/PR/40 affecting Dowty R408/6-123-F/17 aircraft propellers, which was subsequently amended to AD/PR/40 Amdt 1 following an industry request. Given that these directives stem from Australia's obligations under international aviation conventions and are in response to ADs issued by the relevant State of Design, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 (the Regulations) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (Regulation 39.001). An AD is a legislative instrument under the Legislative Instruments Act 2003, which must be assessed by the relevant authority (section 6). This particular AD, AD/PR/40 Amdt 1, affects Dowty R408/6-123-F/17 aircraft propellers, and it has been amended to remove reference to a superseded directive, AD/DHC-8/144. This amendment will take effect from 21 July 2010.
The obligations imposed by these Regulations include ensuring the continuing airworthiness of aircraft. The State of Design is responsible for providing necessary information to maintain airworthiness (Annex 8 to the Convention on International Civil Aviation), while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction (Annex 8). CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. The Manager Continuing Airworthiness in the Airworthiness and Engineering Branch at CASA has the authority to issue these directives on behalf of CASA (subsection 84A(2) of the Civil Aviation Act 1988).
The Regulations also stipulate that ADs are not subject to consultation with the Australian public, given their nature as a response to international obligations under the Convention on International Civil Aviation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting their technical and safety-focused purpose rather than a broad policy or economic impact.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations. Additionally, the operator of the aircraft may face criminal charges, with potential imprisonment for up to two years, or both a fine and imprisonment, depending on the severity of the breach. These penalties underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.