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 331/13 affecting Honeywell TPE 331 engines in 1972. 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 was enacted to ensure the safety and efficiency of air navigation in Australia, and to regulate the civil aviation industry. The Act empowers the Governor-General to make regulations for the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The objective of the ADs is to maintain the continuing airworthiness of aircraft in accordance with international standards. In the case of AD/TPE 331/13, which was issued in 1972 and affects Honeywell TPE 331 engines, CASA has determined that it is no longer necessary due to Australia’s obligations under the Convention on International Civil Aviation. Consequently, the AD has been cancelled, with no replacement AD required, and no consultation with the public or Regulatory Impact Statement was necessary. The AD was made by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, establishing a legislative instrument as per the Legislative Instruments Act 2003. These directives are fundamental for ensuring the continuing airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for maintaining the airworthiness of aircraft types. Additionally, the State of Registry for individual aircraft bears the responsibility of ensuring that the aircraft remain airworthy. The issuance, amendment, and cancellation of these directives are integral to compliance with international civil aviation standards, and as such, they do not require public consultation or a Regulatory Impact Statement. The ADs serve as a mechanism through which CASA enforces airworthiness standards, ultimately aiming to safeguard the safety of air navigation within Australia and in accordance with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the regulatory framework for airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that serve the safety interests of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs serve as the primary means of ensuring the ongoing airworthiness of aircraft types, as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to facilitate this. Conversely, the State of Registry is tasked with the responsibility of ensuring the ongoing airworthiness of individual aircraft by developing or adopting relevant requirements. The history of ADs in Australia includes the issuance of AD/TPE 331/13 by CASA or its predecessors in 1972, which has now been cancelled due to Australia's obligations under the Convention on International Civil Aviation. This cancellation, effective from 24 September 2009, does not necessitate a replacement AD.
Obligations under these regulations require CASA to issue ADs to maintain airworthiness, while States of Registry must implement these directives to ensure the safety of their aircraft. The State of Design is also obligated to provide necessary information to States of Registry to facilitate this process. The ADs are made by CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988, highlighting the agency's role in ensuring compliance with international standards and obligations.
Failure to comply with ADs can result in civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to fines or imprisonment, reflecting the serious nature of these regulations in maintaining aviation safety. The maximum penalties can vary depending on the severity of the breach, with the potential for significant fines and imprisonment for serious violations. Ensuring adherence to ADs is crucial for maintaining the safety standards required by both national and international aviation regulations.