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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/TPE 331/11 affecting Honeywell TPE 331 engines. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 September 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of air navigation in Australia. This legislation empowers the Governor-General to create regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 further delineating specific regulatory powers. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning certain aircraft types or aeronautical products. These ADs, classified as legislative instruments under the Legislative Instruments Act 2003, serve as crucial tools in maintaining the continuing airworthiness of aircraft, in alignment with the Convention on International Civil Aviation. CASA's role in issuing and managing ADs is pivotal, especially as the State of Registry for individual aircraft, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework for the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue these directives for particular types of aircraft or aeronautical products, which are considered legislative instruments as per the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in alignment with Annex 8 of the Convention on International Civil Aviation. While the ADs themselves are subject to Australian regulations, they also reflect international obligations and practices, ensuring a harmonised approach to aviation safety globally. The cancellation of specific ADs, such as AD/TPE 331/11 concerning Honeywell TPE 331 engines, demonstrates CASA's commitment to upholding both national and international standards, even when such actions are mandated by international agreements, thereby obviating the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 delegates the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is classified as a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus, according to section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where an aircraft type is designed, bears the responsibility for ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, which is the country where an aircraft is registered, is responsible for the continuing airworthiness of individual aircraft. Annex 8 mandates that States of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction.
CASA, or its predecessors, issued AD/TPE 331/11, which affected Honeywell TPE 331 engines. Following a review, CASA has decided to cancel this AD, which will become effective on 24 September 2009. This cancellation has been made in compliance with Australia's obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Entities and individuals subject to ADs must comply with the requirements set forth in the directives to maintain the airworthiness of their aircraft. This includes adhering to the specific maintenance, repair, and operational procedures outlined in the ADs. Failure to comply with these directives can lead to severe consequences, including the potential grounding of affected aircraft, which could disrupt aviation operations and pose safety risks. The regulations do not explicitly detail the penalties for non-compliance, but the severity of the safety implications suggests that any breach could result in significant legal and operational repercussions.