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 2005-13-07 affecting Honeywell TFE731 series engines. The United States of America is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/TFE 731/34, which will become effective on 1 September 2005.
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, Airframes 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 was enacted to regulate civil aviation in Australia, establishing a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations for these purposes, which are detailed in the Civil Aviation Safety Regulations 1998. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), the national airworthiness authority in Australia. Such ADs are legislative instruments designed to address safety issues and ensure compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The Act and its regulations aim to maintain high safety standards in civil aviation, aligning with international obligations and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products, ensuring the safety of air navigation. This authority stems from section 98 of the Act and regulation 39.001 of the Regulations. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are integral to the continuing airworthiness of aircraft types and individual aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for providing necessary information to maintain airworthiness, while the State of Registry ensures the continuing airworthiness of specific aircraft. CASA, as Australia's national airworthiness authority, assesses ADs from the State of Design and issues corresponding Australian ADs if deemed necessary. The issuance of Australian AD/TFE 731/34 in response to a United States Federal Aviation Administration AD for Honeywell TFE731 series engines exemplifies this process. Given that ADs are made in compliance with international obligations and do not require public consultation or a Regulatory Impact Statement, they are issued by CASA officials in accordance with the Act.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This regulation, under section 98 of the Civil Aviation Act 1988, facilitates the Governor-General's ability to create regulations aimed at ensuring the safety of air navigation. The ADs are considered legislative instruments, as stipulated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are also addressed in the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to assess any airworthiness directives issued by the State of Design and, if necessary, to issue corresponding Australian ADs. This ensures that the requirements set forth by the State of Design are implemented in Australia to maintain the continuing airworthiness of aircraft registered within the country. Additionally, Annex 8 to the Convention on International Civil Aviation mandates that the State of Design provide necessary information to the State of Registry to ensure the continuing airworthiness of aircraft types, a responsibility that CASA upholds through the issuance of relevant ADs.
In the context of the United States Federal Aviation Administration (FAA) issuing AD 2005-13-07 concerning Honeywell TFE731 series engines, CASA has assessed this directive and issued Australian AD/TFE 731/34, effective from 1 September 2005. As this AD is a response to an international obligation under the Convention on International Civil Aviation, no public consultation was conducted, and it was determined that a Regulatory Impact Statement was not required. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Act.
The breach of any AD issued under the Civil Aviation Safety Regulations 1998 could result in severe consequences, both civil and criminal. Failure to comply with an AD can lead to penalties under section 83 of the Civil Aviation Act 1988, which may include fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can be significant, reflecting the critical importance of air safety and compliance with ADs to prevent accidents and ensure the safety of air navigation.