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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/THIELERT/11 Amdt 3 affecting Thielert piston engines. The EASA issued AD 2009-193R1 on 1 December 2009 which supersedes the requirements of AD/THIELERT/11 Amdt 3 and as such this AD has been cancelled. The EASA acts on behalf of Germany which is the state of design for these engines. The cancellation will become effective on 15 December 2009.
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, Continuing 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, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, with a particular focus on maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under this Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments subject to disallowance, serve as a mechanism for addressing safety issues and ensuring compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The process involves CASA, as the national airworthiness authority, assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements for the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations in the interest of air navigation safety, with regulation 39.001 empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are critical for ensuring the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for an aircraft type's continuing airworthiness, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. This legislative framework also applies to ADs issued by other ICAO Contracting States, such as the European Aviation Safety Agency (EASA) for designs originating from Germany. The ADs are managed by the Manager, Continuing Airworthiness in CASA's Airworthiness and Engineering Branch, in accordance with the statutory requirements of the Act.
Key Provisions
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, provides a framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and are treated as legislative instruments in accordance with the Legislative Instruments Act 2003.
Under this regulatory framework, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure ongoing airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements.
Obligations under this legislation include the requirement for CASA to review and act on ADs issued by States of Design. When CASA issues an AD, it must ensure that all relevant stakeholders are notified and that compliance is monitored. Additionally, the State of Registry must ensure that all aircraft under its jurisdiction comply with the ADs issued by CASA or by the State of Design. The regulations also impose an obligation on aircraft operators to comply with all ADs that pertain to their aircraft, including making necessary modifications or conducting inspections as required.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, leading to civil or criminal penalties. The maximum penalty for contravening an AD can include fines and imprisonment, depending on the severity of the non-compliance. CASA has the authority to take enforcement actions against non-compliant aircraft, which may include grounding the aircraft until compliance is achieved. Additionally, operators who fail to adhere to ADs can face legal repercussions, including fines and potential suspension or revocation of their aircraft’s airworthiness certificate. These penalties underscore the importance of strict adherence to airworthiness directives to maintain the high safety standards required in civil aviation.