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.
CASA has raised AD/TFE731/24 Amendment 1 in respect of Allied Signal (Garrett/AiResearch) TFE731 Turbine Engines to include reference to the applicable State of design Airworthiness Directive (FAA AD 95-07-02). The Amendment will become effective on 22 January 2010. This AD cancels and replaces the previous issue.
As this amendment represents an improvement to the presentation of this and another Directive relevant to the same component parts (effective 1994 and 1995) and no technical changes have been made, operators are not affected by the content. As there are numerous examples of the TFE731 engine on the Australian register CASA has developed this amendment to better reflect the requirements of the State of design. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with Section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework ensuring the safety, efficiency, and orderly development of civil aviation in Australia. The Act provides the authority for the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety, including the issuance of airworthiness directives. The problem this legislation addresses is the need for a systematic approach to ensuring that aircraft and aeronautical products maintain their airworthiness throughout their operational life, thereby enhancing safety and reliability in air navigation. The Civil Aviation Safety Regulations, including the issuance of airworthiness directives, are managed by the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The policy objective is to ensure that aircraft and aeronautical products meet continuing airworthiness standards, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for an aircraft type's continuing airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, made 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, as per regulation 39.001. These directives serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft types, with the State of Design having the primary responsibility for issuing relevant information. The State of Registry, in this case CASA, must assess this information and, if necessary, issue corresponding Australian ADs. The AD/TFE731/24 Amendment 1, concerning the Allied Signal (Garrett/AiResearch) TFE731 Turbine Engines, serves to align Australian directives with the corresponding US Federal Aviation Administration directive (FAA AD 95-07-02) and aims to improve the presentation without introducing technical changes. This amendment is effective from 22 January 2010 and supersedes previous directives. Given that no safety issues are raised by this amendment, CASA did not undertake public consultation. Furthermore, the Office of Regulatory Review has established that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This is done to ensure the safety of air navigation, in line with the overarching goal of the Civil Aviation Act 1988. An AD is considered a legislative instrument, as stated in section 6 of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Under these regulations, CASA has issued an amendment to AD/TFE731/24, pertaining to Allied Signal (Garrett/AiResearch) TFE731 Turbine Engines. This amendment, which includes a reference to the applicable State of Design Airworthiness Directive (FAA AD 95-07-02), will become effective on 22 January 2010. This amendment cancels and replaces the previous issue. It is important to note that this amendment does not affect operators as no technical changes have been made and no safety issues have been raised. CASA developed this amendment to better reflect the requirements of the State of Design, given the numerous examples of the TFE731 engine on the Australian register.
The obligations imposed on the parties governed by this Act and its regulations include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry's duty to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue Australian ADs when appropriate. Operators of affected aircraft must comply with the requirements outlined in the ADs.
Any breach of the ADs may lead to civil or criminal consequences, depending on the severity of the violation. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly state the maximum penalties for breaches of ADs. However, penalties for non-compliance with aviation regulations can include fines and imprisonment, as provided under the general provisions of the Criminal Code Act 1995. It is essential for operators to adhere to the ADs to ensure the safety of air navigation and avoid any legal consequences.