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 USA FAA has issued AD 2007-04-19 affecting Superior Air Parts (SAP) 360 series aircraft engines in 2007. USA is the State of Design for Superior Air Parts engine types. The FAA AD had errors in it and accordingly, as a result of a request from industry, CASA has amended the equivalent Australian AD to amendment 1. The amended AD, AD/SUPERIOR/1 Amendment 1, will become effective on 5 March 2007. 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 establish a comprehensive framework for civil aviation in Australia, addressing various aspects of aviation safety, operations, and regulation. The Act grants authority to the Governor-General to make regulations for the purposes of the Act, particularly focusing on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced, with regulation 39.001 enabling the issuance of airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) plays a pivotal role in this regulatory framework, as it is responsible for assessing and issuing ADs in response to directives from the State of Design, ensuring compliance with international conventions and obligations.
The problem the Act and subsequent regulations aim to address is the need for a coordinated and consistent approach to maintaining the airworthiness of aircraft within Australia, in line with international safety standards. The introduction of ADs under the Civil Aviation Safety Regulations 1998 allows CASA to mandate safety requirements and ensure that aircraft on the Australian Register meet necessary safety standards. This approach is essential for the safe operation of aircraft and for Australia to meet its obligations under international agreements such as the Convention on International Civil Aviation. The policy objective is to enhance aviation safety by ensuring that all aircraft operating within Australia are maintained to the highest safety standards, in accordance with international best practices.
Scope and Application
The Civil Aviation Act 1988 applies to a broad range of persons and entities within the aviation industry, including aircraft operators, manufacturers, maintenance organisations, and aviation professionals. It provides the legislative framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate compliance with specific safety requirements for types of aircraft or aeronautical products. These ADs are legislative instruments and must be assessed and, if appropriate, adopted by CASA in line with Australia's obligations under the Convention on International Civil Aviation. The ADs apply nationally, and there are no specific exclusions or thresholds outlined in the given text; however, they are typically issued in response to international directives and do not require public consultation or a Regulatory Impact Statement. The application of the ADs can be extended or restricted through subordinate instruments as necessary to maintain safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to create regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003.
The obligations under the Act and Regulations are primarily focused on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to maintain this airworthiness. The State of Registry, in this case CASA, must assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that all aircraft registered in Australia comply with international standards and safety requirements.
Failure to comply with ADs can result in various civil and criminal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, generally, breaches of aviation safety regulations can lead to substantial fines, imprisonment, or both, depending on the severity and circumstances of the breach. The Act and Regulations emphasise the importance of adhering to ADs to maintain the highest safety standards in air navigation. CASA, as the national airworthiness authority, plays a crucial role in enforcing these directives and ensuring that all parties comply with the necessary safety requirements.