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/TFE731/26 Amendment 1 in respect of Allied Signal (Garrett/AiResearch) TFE731 series 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, enacted by the Commonwealth Parliament, establishes the legal framework for civil aviation in Australia, including the regulation of airworthiness and safety. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as outlined in Section 98. In line with these provisions, the Civil Aviation Safety Regulations 1998 were formulated to provide further detail, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments under the Legislative Instruments Act 2003 and are integral to ensuring the continuing airworthiness of aircraft, in accordance with international standards set by ICAO. The policy objective behind these regulations is to maintain high safety standards in civil aviation by ensuring that aircraft and aeronautical products meet specific airworthiness criteria, thereby protecting the public and fostering confidence in air travel.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides a legislative framework governing the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Act, the Governor-General may enact regulations that serve the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a means to ensure the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing and issuing ADs when necessary to align with directives from the State of Design. For instance, AD/TFE731/26 Amendment 1 pertains to the Allied Signal (Garrett/AiResearch) TFE731 series Turbine Engines, reflecting an update in presentation without introducing new technical requirements. This amendment, effective from 22 January 2010, replaces a previous directive and is made without industry consultation due to the absence of safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Under regulation 39.001(5), an AD is considered a disallowable instrument and, as such, it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003. ADs are critical for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for issuing ADs, and the State of Registry must ensure the ongoing airworthiness of the aircraft. When a State of Design issues an AD, the Australian Civil Aviation Safety Authority (CASA) evaluates this information and, if necessary, issues an Australian AD to enforce the requirements of the State of Design.
The obligations under these regulations require CASA to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to maintain airworthiness standards. For example, CASA issued AD/TFE731/26 Amendment 1 for Allied Signal (Garrett/AiResearch) TFE731 series Turbine Engines, referencing the applicable State of Design Airworthiness Directive (FAA AD 95-07-02). This amendment, which became effective on 22 January 2010, replaces the previous directive without introducing any new technical requirements. CASA has taken this step to better align Australian ADs with the State of Design’s requirements, despite there being no safety concerns that necessitate consultation with the Australian industry and public.
Failure to comply with the requirements set out in an AD can result in severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can face criminal penalties. The maximum penalties for such breaches can include substantial fines and imprisonment, reflecting the seriousness of ensuring the safety of air navigation. Additionally, civil consequences may apply, where CASA can take enforcement actions such as grounding the aircraft or denying airworthiness certificates, which can have significant operational and financial implications for non-compliant operators.