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 331/17 affecting Honeywell TPE 331 engines in 1974. 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 regulate the safety of civil aviation in Australia, ensuring that air navigation is conducted safely and efficiently. The Act empowers the Governor-General to make regulations for the purposes of the Act, as seen in the issuance of airworthiness directives (ADs) under section 98. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring adherence to international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation, reflecting Australia’s commitment to international civil aviation standards. The legislative instrument for issuing ADs is considered a disallowable instrument under the Acts Interpretation Act 1901, and it is managed by CASA in compliance with the Legislative Instruments Act 2003.
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) for specified kinds of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. The ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial in maintaining the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. The ADs are the principal means through which continuing airworthiness information is disseminated, a practice adopted by most ICAO Contracting States. In the specific case of AD/TPE 331/17, issued in 1974 by CASA or its predecessors concerning Honeywell TPE 331 engines, CASA has reviewed and subsequently cancelled the directive, effective from 24 September 2009, without the need for a replacement AD, due to Australia’s commitments under the Convention on International Civil Aviation. This cancellation, made by the Manager, Future Technology and Regulatory Trends, within CASA, in accordance with subsection 84A(2) of the Act, does not necessitate public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that serve the Act's purpose, particularly in relation to the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical tools in maintaining and ensuring the continuing airworthiness of aircraft, as they detail necessary actions or compliance requirements to address identified safety issues.
CASA, acting under these regulations, can issue ADs which are considered legislative instruments (subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 6 of the Legislative Instruments Act 2003). These ADs must align with international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the individual aircraft's airworthiness. The ADs serve as the principal means of communication for continuing airworthiness information between these states.
The obligations imposed by these ADs include ensuring that aircraft remain in a condition that meets safety standards, and they may require aircraft operators to perform specific maintenance actions, inspections, or modifications. These directives are binding on the State of Registry and must be complied with by all relevant parties, including aircraft operators and maintenance providers, to ensure ongoing compliance with safety standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft in accordance with international standards.
Failure to comply with ADs can result in severe consequences. Under the Civil Aviation Act 1988, violations may lead to civil penalties, including fines, or criminal penalties, including imprisonment, depending on the severity of the breach. Additionally, non-compliance can result in the grounding of aircraft, suspension of air operator certificates, or other enforcement actions by CASA. The specific penalties are detailed within the Civil Aviation Act 1988 and related regulations, and they serve as deterrents against non-compliance, ensuring that all parties adhere to the safety standards set forth in the ADs.