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/T53/5 affecting AlliedSignal (Lycoming) turbine engines T53 series. CASA has assessed this AD and as a result has cancelled Australian AD/T53/5. 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, enacted to ensure the safety and efficiency of civil aviation in Australia, grants the Governor-General the authority to make regulations under section 98, which are crucial for the safety of air navigation. In line with these provisions, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with international standards and the continuing airworthiness of aircraft. This regulatory framework is essential to meet Australia's obligations under the Convention on International Civil Aviation, particularly concerning the responsibility of the State of Design for the airworthiness of aircraft types. The cancellation of an AD, such as AD/T53/5 affecting AlliedSignal (Lycoming) turbine engines T53 series, is conducted by CASA, reflecting its role as the national airworthiness authority, and is made in accordance with the legislative instruments framework without public consultation due to the nature of the directive.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to specific kinds of aircraft or aeronautical products and are made in the interests of ensuring the safety of air navigation. The regulations empower CASA to issue ADs, which are legislative instruments, to mandate compliance with airworthiness requirements. These directives are crucial for maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility for the airworthiness of an aircraft type and the State of Registry ensuring the airworthiness of individual aircraft within its jurisdiction. The ADs serve as a primary means of communication for airworthiness information, as stipulated by Annex 8 to the Convention on International Civil Aviation. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements. The AD/T53/5 concerning AlliedSignal (Lycoming) turbine engines T53 series was assessed and subsequently cancelled by CASA due to the elimination of the unsafe condition, with the cancellation effective from 30 July 2009. This action aligns with Australia’s obligations under international aviation conventions, and no public consultation or regulatory impact statement was required for this specific cancellation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives serve as a formal means of communication to ensure the safety and airworthiness of aircraft. Moreover, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that the State of Design, which is responsible for the design of the aircraft type, must provide necessary information to ensure the continuing airworthiness of that type to the States of Registry. The State of Registry, on the other hand, is tasked with ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the required safety standards.
In terms of consequences, any breach of these obligations could result in significant safety risks, potentially leading to severe accidents. However, the Civil Aviation Safety Regulations 1998 do not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with ADs. Instead, the focus is on maintaining the safety and airworthiness of aircraft through stringent regulatory oversight and enforcement. The regulatory framework ensures that CASA has the authority to mandate corrective actions and maintain high safety standards in the aviation sector.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and given that the AD/T53/5 has been cancelled due to Australia’s obligations under the Convention on International Civil Aviation, no public consultation was necessary. The cancellation of AD/T53/5, which affected AlliedSignal (Lycoming) turbine engines T53 series, was 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. This cancellation became effective on 30 July 2009, with no replacement AD required as the unsafe condition no longer exists.