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 States FAA issued AD 2004-21-01, affecting Hartzell propellers fitted to Shorts SD3-30 aircraft. The United States 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/SD3-30/23 Amendment 2. The amended AD, AD/SD3-30/23 Amendment 2, will become effective on 1 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, enacted by the Australian Parliament, was introduced to establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. Section 98 of the Act empowers the Governor-General to make regulations that support the Act, particularly in the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. This legislative framework ensures that Australia adheres to international standards for aircraft airworthiness as set out in the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and Registry. CASA, as the national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs when necessary to mandate airworthiness requirements for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which fall under the purview of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The application of these regulations extends to any aircraft registered in Australia and requires compliance with the continuing airworthiness mandates as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure the continuing airworthiness of the aircraft by issuing and enforcing ADs in response to directives from the State of Design. This process is exemplified in the issuance of AD/SD3-30/23 Amendment 2, which addresses Hartzell propellers fitted to Shorts SD3-30 aircraft, following a directive from the United States Federal Aviation Administration, the State of Design. This AD, effective from 1 September 2005, replaces the previous version and reflects Australia's commitment to international safety standards. The issuance of such ADs does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulation is critical as it allows CASA to mandate certain safety measures or modifications that must be implemented to maintain the airworthiness of aircraft. ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft, aligning with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry must adopt or develop requirements to ensure that individual aircraft remain airworthy.
Under the Civil Aviation Act 1988, CASA must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the necessary safety measures. This process ensures that Australian-registered aircraft meet international safety standards. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) regarding Hartzell propellers on Shorts SD3-30 aircraft, CASA amended the Australian AD to AD/SD3-30/23 Amendment 2. This amendment reflects Australia's commitment to international safety standards and ensures that Australian aircraft comply with the latest safety requirements. The process of issuing these ADs is streamlined and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties involved in aircraft operations. Primarily, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. This includes complying with any ADs issued by CASA or the relevant State of Design. Operators of aircraft must adhere to the requirements stipulated in these ADs, which may include specific maintenance actions, modifications, or operational restrictions. Failure to comply with an AD can result in the aircraft being deemed unairworthy, potentially leading to grounding and legal consequences. CASA also has the authority to inspect and enforce compliance with these directives, ensuring that all parties adhere to the mandated safety standards.
Non-compliance with airworthiness directives can lead to serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, individuals or entities found in violation of an AD can face substantial penalties. For corporate entities, the maximum penalty can include fines up to several thousand Australian dollars, depending on the severity and frequency of the offence. In cases of individual non-compliance, penalties can include fines or imprisonment. Additionally, operators may face operational restrictions or revocation of their aircraft operating certificates, which can have significant financial and operational repercussions. CASA has the authority to take enforcement actions, including fines, imprisonment, or both, for those found in breach of the ADs, underscoring the importance of strict compliance with these safety measures.