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 Civil Aviation Safety Authority or its predecessors issued AD/T53/12 affecting AlliedSignal (Lycoming) turbine engines T53 series. CASA has assessed this AD and as a result has cancelled Australian AD/T53/12. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, 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 Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive and coordinated aviation safety and security measures. One of the critical instruments under this Act is the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001, which are legislative instruments subject to disallowance. These directives ensure that aircraft and aeronautical products maintain their airworthiness, in line with Australia's obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 and its regulations aim to uphold the highest standards of safety and efficiency in civil aviation, reflecting the policy objective of safeguarding air navigation and the public.
Scope and Application
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. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The responsibility for the continuing airworthiness of aircraft lies with the State of Registry, in this case, CASA as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and may issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the specific case of AlliedSignal (Lycoming) turbine engines T53 series, CASA issued and subsequently cancelled Australian AD/T53/12 due to the resolution of the unsafe condition, effective from 30 July 2009, without the need for a replacement AD.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations under section 98 for the safety of air navigation, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The ADs are a critical mechanism for ensuring the continuing airworthiness of aircraft, as stipulated in Annex 8 of the Convention on International Civil Aviation. Under this convention, the State of Design is responsible for the airworthiness of an aircraft type, while the State of Registry must ensure the airworthiness of individual aircraft.
The obligations imposed by the Act and Regulations primarily fall on CASA as the national airworthiness authority. When an AD is issued by the State of Design for an aircraft type on the Australian Register, CASA must evaluate the information provided and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft of that type registered in Australia comply with the specified safety standards. The AD/T53/12 issued by CASA for AlliedSignal (Lycombe) turbine engines T53 series is an example of this process, which was eventually cancelled once the unsafe condition was resolved.
Any breaches of the requirements set out in the ADs could result in serious consequences, as these directives are crucial for maintaining the safety of aircraft. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is reasonable to infer that failure to adhere to these directives could lead to enforcement actions by CASA, potentially including fines, grounding of aircraft, or other regulatory penalties. The maximum penalties would depend on the severity of the non-compliance and the specific regulations governing airworthiness and safety in aviation.
Given that the ADs are legislative instruments, the process for their issuance and cancellation is strictly regulated. The cancellation of AD/T53/12, for instance, was made in accordance with the statutory requirements, ensuring that all legal and procedural standards were met. The decision not to consult the Australian public or to prepare a Regulatory Impact Statement was justified by the Office of Best Practice Regulation, indicating that ADs do not typically require such extensive scrutiny. This reflects the specialised nature of aviation safety regulations and the importance of adhering to international standards as set out in the Convention on International Civil Aviation.