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 FAA issued AD 2005-05-15, affecting TFE 731 engines in 2005. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow use of FAA approved alternate means of compliance to 2005-05-15 as a means of compliance with the Australian AD. The amended AD, AD/TFE 731/33 Amdt 1, will become effective on 23 December 2011. 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations within Australian airspace. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as exemplified by the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are critical in maintaining the continuing airworthiness of aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 further enable the Civil Aviation Safety Authority (CASA) to issue ADs to address specific safety concerns for aircraft or aeronautical products, ensuring compliance with international obligations and local regulatory requirements.
The issuing of ADs is integral to Australia's role as a State of Registry and reflects the collaborative nature of international civil aviation. When a State of Design issues an AD, CASA must review and, if appropriate, issue a corresponding Australian AD to mandate the same safety measures. This legislative mechanism allows Australia to uphold its commitments under the Convention on International Civil Aviation, as demonstrated in the case of AD 2005-05-15 concerning TFE 731 engines, where CASA amended the Australian AD to incorporate alternate means of compliance approved by the Federal Aviation Administration (FAA). This approach underscores the policy objective of maintaining high safety standards while facilitating international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, focusing on the safety of air navigation and the continuing airworthiness of aircraft. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory mechanism aligns with international standards, notably Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry regarding aircraft airworthiness. The ADs, as legislative instruments, are subject to disallowance and must adhere to the requirements set out in the Legislative Instruments Act 2003. The ADs apply to all aircraft and aeronautical products registered in Australia, with CASA acting as the national airworthiness authority responsible for assessing and enforcing these directives. This legislative approach ensures that Australian-registered aircraft meet both domestic and international safety standards, thereby safeguarding the integrity of air navigation within Australia's jurisdiction.
Key Provisions
The key provisions of the Civil Aviation (Airworthiness) Regulations 1998, particularly concerning the issuance of airworthiness directives, are outlined in section 39.001. This section allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subsection 39.001(5), an AD is recognised as a disallowable instrument as per the Acts Interpretation Act 1901, and thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on the parties governed by these regulations are significant. The State of Design is responsible for the continuing airworthiness of a specific aircraft type and must provide necessary information to ensure this airworthiness. The State of Registry, which in Australia is CASA, must then assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This was exemplified in the case of AD 2005-05-15, issued by the Federal Aviation Administration (FAA) concerning TFE 731 engines, where CASA amended the Australian AD to allow the use of FAA-approved alternate means of compliance.
There are serious consequences for breaches of these regulations. The Act does not explicitly detail specific offences or penalties for non-compliance with ADs, but non-compliance can lead to severe civil or criminal consequences. In practice, failing to adhere to ADs can result in significant safety risks, leading to enforcement actions by CASA. This may include fines, operational restrictions, or even the grounding of non-compliant aircraft, as ADs are integral to maintaining the airworthiness of aircraft. The seriousness of these potential consequences underscores the importance of adhering to ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.