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 FAA has issued AD 2006-22-12 affecting Hartzell propellers. The Unites States is the State of Design for these propellers. CASA has assessed this AD and as a result has cancelled Australian AD/SD3-30/23 Amendment 2. The cancellation will become effective on 17 September 2007. CASA has issued AD/PHZL/89 which supersedes the actions that were detailed in AD/SD3-30/23 Amendment 2.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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, Systems Section in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes the framework for civil aviation safety, including the issuance of airworthiness directives. These directives are critical in ensuring the continuing airworthiness of aircraft, in alignment with international standards set by the Convention on International Civil Aviation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives, which are legislative instruments subject to disallowance. The policy objective is to maintain high safety standards in air navigation by mandating necessary actions to address safety issues identified by the State of Design or State of Registry of an aircraft. The Civil Aviation Safety Regulations 1998 further delineate the process and authority for issuing such directives, ensuring that CASA's actions are consistent with international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are designed to ensure the safety of air navigation and are applicable to all aircraft registered in Australia, encompassing both commercial and private entities within the aviation industry. The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. As Australia is a signatory to the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of aircraft types, and States of Registry must ensure compliance with the ADs issued by the State of Design. In this context, CASA is mandated to review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, thereby ensuring the safety standards are uniformly applied across the nation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations to ensure the safety of air navigation. 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 ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are disallowable under section 46A of the Acts Interpretation Act 1901. This regulatory framework is designed to maintain and enhance the safety standards of aircraft operating within Australia.
Under these provisions, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the airworthiness of the aircraft type to all relevant States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD, such as AD 2006-22-12 for Hartzell propellers by the Federal Aviation Administration (FAA), CASA, as Australia’s national airworthiness authority, must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
In the case of the Hartzell propellers, the FAA, as the State of Design, issued AD 2006-22-12. CASA reviewed this AD and determined that it was appropriate to cancel the existing Australian AD/SD3-30/23 Amendment 2, which will take effect on 17 September 2007. In its place, CASA issued AD/PHZL/89 to supersede the actions previously detailed in the cancelled AD. Given that this cancellation is in response to an AD from the relevant State of Design and aligns with Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The Manager, Systems Section in the Airworthiness Engineering Branch made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are clear: CASA must ensure that Australian ADs reflect the safety standards set by the States of Design and comply with international conventions. Failure to adhere to these directives could result in significant safety risks, highlighting the importance of strict compliance with the issued ADs.