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 331/29 affecting Honeywell TPE 331 engines in 1982. 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, establishes the legislative framework for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, and under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that address the continuing airworthiness of aircraft and aeronautical products, as mandated by the Convention on International Civil Aviation (Annex 8). The State of Design is responsible for ensuring that necessary information is provided to the State of Registry, which in turn ensures the continuing airworthiness of individual aircraft. The cancellation of AD/TPE 331/29 for Honeywell TPE 331 engines, effective from 24 September 2009, aligns with Australia's international obligations and does not necessitate public consultation or a Regulatory Impact Statement. The AD cancellation was 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.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as specified in regulation 39.001. These directives serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are integral to ensuring the safety of air navigation. Each AD is tailored to address specific safety concerns and is issued by CASA, adhering to international standards outlined in Annex 8 of the Convention on International Civil Aviation. This annex mandates that the State of Design bears the responsibility for the continuing airworthiness of aircraft types, requiring them to provide necessary information to the States of Registry. The State of Registry, in turn, must implement requirements to ensure the ongoing airworthiness of aircraft within their jurisdiction. Notably, the issuance of ADs is a global practice among ICAO Contracting States, reflecting a coordinated approach to aviation safety.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General is empowered to create regulations for the safety of air navigation (section 98). Specifically, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (regulation 39.001). These ADs serve as crucial instruments for ensuring the ongoing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003 (subregulation 39.001(5), Acts Interpretation Act 1901).
The obligations imposed by these regulations require the State of Design to maintain and provide necessary information to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. These directives, or ADs, represent the primary means by which airworthiness information is disseminated and implemented.
Offences or breaches of these regulations can lead to significant consequences. While the specific penalties for non-compliance with ADs are not detailed in the text, non-compliance with safety regulations in general can result in severe civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the discretion of the court. The cancellation of an AD, such as AD/TPE 331/29, does not necessitate public consultation or a Regulatory Impact Statement, reflecting the specific and technical nature of these safety directives.
CASA has the authority to issue, review, and cancel airworthiness directives as necessary, ensuring that safety standards are upheld and maintained. In this instance, the cancellation of AD/TPE 331/29 was made in accordance with the Civil Aviation Act 1988, specifically under subsection 84A(2). This highlights the regulatory flexibility CASA has in managing and updating airworthiness standards to meet international obligations and ensure aviation safety.