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 United States FAA has issued AD 2009-15-13 affecting Honeywell International Inc. T5313 and T5317 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/T53/23, which will become effective on 24 September 2009.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. In 1998, the Civil Aviation Safety Regulations were introduced to complement the Act, providing specific regulatory provisions, including the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. This legislative framework was designed to address the need for consistent and rigorous safety standards in the rapidly evolving field of civil aviation. The authority to issue ADs is grounded in the obligation of Australia, as a signatory to the Convention on International Civil Aviation, to align with international standards and to ensure the continuing airworthiness of aircraft registered in Australia.
The Civil Aviation (Airworthiness Directives) Instrument 2009, which includes Australian AD/T53/23, was issued by CASA under section 98 of the Civil Aviation Act 1988. This AD was mandated in response to the United States Federal Aviation Administration’s AD 2009-15-13 concerning specific Honeywell engines, with the United States being the State of Design. CASA’s role as the national airworthiness authority requires it to assess and, where necessary, issue corresponding ADs to ensure that aircraft registered in Australia meet international safety standards. The issuance of this AD was made without public consultation as it is in direct response to an AD from the relevant State of Design, and it does not require a Regulatory Impact Statement according to the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (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 must align with Australia's commitments under the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and corresponding States of Registry, such as Australia through CASA, are tasked with ensuring that these directives are implemented. In the instance of the United States issuing AD 2009-15-13 for the Honeywell International Inc. T5313 and T5317 series engines, CASA assessed and issued its own AD/T53/23 in response. This directive became effective on 24 September 2009. Given that this AD was issued in compliance with international aviation standards and in response to a directive from the relevant State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was formulated by the Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with regulation 39.001 of the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that support the Act and enhance the safety of air navigation. Regulation 39.001 specifically authorises CASA (Civil Aviation Safety Authority) to issue ADs for specific types of aircraft or aeronautical products. These directives are integral to ensuring that aircraft maintain their airworthiness, which is a crucial aspect of aviation safety.
The obligations imposed by the Act and the regulations on the parties governed by them are primarily centred around ensuring compliance with the issued ADs. For instance, the State of Design, which in this case is the United States for the T5313 and T5317 series engines, has the responsibility to provide information necessary for maintaining the airworthiness of the aircraft type. The State of Registry, which in this scenario is Australia, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, acting on behalf of Australia, is required to assess the ADs issued by the State of Design and, if necessary, issue Australian ADs that mandate the requirements of the foreign ADs. This ensures that all aircraft registered in Australia comply with international safety standards.
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can lead to various consequences. While the specific offences, penalties, and consequences are not detailed in the provided text, it is known that ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003. Typically, non-compliance with ADs can result in significant penalties, including fines and potential grounding of the aircraft, which could lead to criminal charges for the operators. The exact penalties would depend on the severity of the breach and the specific regulations violated. The overarching aim of these provisions is to ensure that all stakeholders adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.