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 issued AD 2007-04-19 Revision 1, affecting Superior Air Parts (SAP) aircraft engines in 2007. USA the State of Design for Superior engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 2. The amended AD, AD/SUPERIOR/1 Amendment 2, will become effective on 7 June 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 regulate civil aviation in Australia, focusing on ensuring the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations that support this objective, and these regulations can be implemented by the Civil Aviation Safety Authority (CASA) to ensure the airworthiness of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to maintain the continuing airworthiness of aircraft types and individual aircraft, as required by Annex 8 to the Convention on International Civil Aviation. This directive process is crucial for ensuring that Australia meets its international obligations and maintains high safety standards in its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. Regulation 39.001 allows CASA to issue these directives for specific kinds of aircraft or aeronautical products, ensuring they meet safety standards. The ADs, being legislative instruments, must comply with the Legislative Instruments Act 2003. Australia's obligations under Annex 8 to the Convention on International Civil Aviation further underscore the necessity for CASA to issue ADs in response to directives from the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design, such as the USA in the case of Superior Air Parts (SAP) aircraft engines, issues an AD, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD. This ensures that the safety and airworthiness standards are uniformly applied across all aircraft registered in Australia, reflecting international obligations and commitments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for the issuance and enforcement of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 then allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act promptly when the State of Design issues an AD. As the national airworthiness authority, CASA must review the information provided by the State of Design and, if necessary, issue an Australian AD to ensure compliance with international standards for the continuing airworthiness of aircraft. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Registry and the State of Design. Consequently, CASA must ensure that any ADs issued by the State of Design are properly assessed and implemented to maintain the safety standards of aircraft registered in Australia.
Failure to comply with ADs can result in serious consequences, as these directives are crucial for maintaining airworthiness. Non-compliance can lead to enforcement actions by CASA, which may include the suspension or revocation of an aircraft's airworthiness certificate. Additionally, operators who do not adhere to ADs may face civil or criminal penalties. The severity of these penalties can vary, but they are intended to ensure that all aircraft meet the necessary safety standards. For example, an operator found in breach of an AD may be subject to fines or imprisonment, depending on the nature and severity of the violation.
Overall, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are designed to maintain the highest standards of aviation safety. By following these directives, operators contribute to the safe and efficient operation of aircraft in Australia and beyond. It is imperative that all relevant parties understand and comply with these regulations to avoid the potential legal and safety repercussions of non-compliance.