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. USA is the State of Design for Superior Air Parts engine types. CASA has assessed this AD and has issued Australian AD/SUPERIOR/1, which will become effective on 2 March 2007.
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 Commonwealth Parliament, was established to govern the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. The Act provides the authority for the creation of regulations aimed at safeguarding air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical in maintaining the continuing airworthiness of aircraft and aeronautical products. This legislative framework aligns with international standards set by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry in ensuring aircraft safety.
The issuing of Airworthiness Directive (AD) AD/SUPERIOR/1 by CASA in response to the Federal Aviation Administration's AD 2007-04-19 for Superior Air Parts 360 series aircraft engines exemplifies the application of these regulations. The AD was issued to fulfil Australia's obligations under the Convention on International Civil Aviation and follows the issuance of a corresponding directive by the USA, the State of Design. Given the international nature of the requirement and the immediacy of the safety concern, no public consultation was deemed necessary, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required. This AD was made under the authority of the Act by the Manager, New Technologies and Systems, on behalf of CASA, reflecting the policy objective to uphold international safety standards and protect Australian aviation interests.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated under regulation 39.001. Such ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and governed by the Legislative Instruments Act 2003. These directives apply to aircraft and aeronautical products registered within Australia and are designed to ensure the continuing airworthiness of these entities, aligning with obligations under the Convention on International Civil Aviation, particularly those set out in Annex 8. The State of Registry, which in Australia's case is CASA, is mandated to develop or adopt requirements for the ongoing airworthiness of aircraft. When the State of Design, such as the USA for Superior Air Parts engines, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet international safety standards. The process of issuing these ADs does not involve public consultation or require a Regulatory Impact Statement, as they are directly tied to international obligations and the assessment of information from the State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and 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 serve as legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily concern the States of Design and States of Registry. The State of Design, in this case, the USA for Superior Air Parts (SAP) 360 series aircraft engines, holds the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. Conversely, the State of Registry, which in this context is Australia, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its territory. This includes the duty to issue national ADs if required by the State of Design, as CASA does when it issues AD/SUPERIOR/1 in response to the USA FAA’s AD 2007-04-19.
There are specific consequences for non-compliance with the ADs issued under this regulatory framework. Non-compliance with an AD can lead to significant penalties, both civil and criminal, as outlined in the Civil Aviation Act 1988 and related regulations. While the exact penalties are not specified in this particular excerpt, generally, civil penalties can include fines, and in severe cases, criminal penalties such as imprisonment may apply. Additionally, non-compliance can result in the grounding of aircraft, which can have severe operational and financial repercussions for airlines and aircraft operators.