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/SD3-60/41. The cancellation will become effective on 22 November 2007. CASA has issued AD/PHZL/89 which supersedes the actions that were detailed in AD/SD3-60/41.
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 Acting 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 Commonwealth Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to create regulations in the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the Act, allow CASA to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. ADs are legislative instruments, serving as critical tools for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Act ensures that Australia adheres to international standards, requiring CASA to respond to ADs issued by the State of Design by either issuing equivalent directives or cancelling existing ones, as appropriate. This approach ensures that Australian aircraft comply with global safety standards while maintaining the integrity of the national aviation safety regime.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in the interests of safety. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products as stipulated under regulation 39.001. The ADs serve as legislative instruments and are necessary to ensure the continuing airworthiness of aircraft types, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. The ADs are issued to mandate requirements set by the State of Design, and in Australia’s case, CASA must align with the directives issued by the relevant State of Design to maintain safety standards. The ADs apply nationally to all aircraft and aeronautical products registered in Australia, ensuring uniformity and compliance with international safety standards. This regulatory framework also includes provisions for the cancellation of existing ADs when superseded by new directives from the State of Design, as evidenced by the cancellation of AD/SD3-60/41 and the issuance of AD/PHZL/89 in response to the FAA's AD 2006-22-12.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003.
These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring that aircraft types remain airworthy and must provide necessary information to States of Registry. Consequently, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations of the State of Registry include the assessment and potential issuance of Australian ADs to comply with international standards and the safety requirements set forth by the State of Design. For instance, the Federal Aviation Administration (FAA) issued AD 2006-22-12 concerning Hartzell propellers, which are designed in the United States. CASA assessed this directive and, as a result, cancelled the existing Australian AD/SD3-60/41, which will become effective on 22 November 2007. In its place, CASA has issued AD/PHZL/89, which supersedes the previous actions outlined in AD/SD3-60/41.
In terms of compliance and enforcement, any breach of the requirements set out in these ADs could result in civil or criminal penalties, depending on the nature and severity of the non-compliance. While the specific penalties are not detailed in the provided text, it is understood that failing to adhere to airworthiness directives can lead to significant legal consequences, including fines and potential criminal charges. These provisions are designed to ensure that all parties involved in the aviation industry maintain the highest standards of safety and compliance.