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 331/35 affecting Honeywell TPE 331 engines in 1987. 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 provide a framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing these directives, which are legislative instruments under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) is the body responsible for issuing airworthiness directives under regulation 39.001, in line with the obligations set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The objective of these regulations is to maintain the highest safety standards in the aviation sector by ensuring that aircraft and aeronautical products meet necessary airworthiness criteria. The cancellation of the airworthiness directive AD/TPE 331/35 for Honeywell TPE 331 engines, which will take effect on 24 September 2009, was made by CASA in accordance with its regulatory authority under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives are legislative instruments under the Legislative Instruments Act 2003 and are crucial for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are typically issued by states to maintain safety standards, with the State of Design responsible for the overall airworthiness of an aircraft type and the State of Registry tasked with ensuring the ongoing airworthiness of individual aircraft. In the case of AD/TPE 331/35 affecting Honeywell TPE 331 engines, issued by CASA in 1987, CASA has since reviewed and cancelled the directive, effective from 24 September 2009, due to Australia's international obligations under the Convention on International Civil Aviation. This cancellation did not require public consultation or a Regulatory Impact Statement, and was executed by the Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft in accordance with safety standards. An AD is considered a disallowable instrument under the Acts Interpretation Act 1901, meaning it is subject to disallowance by Parliament, and it is classified as a legislative instrument under the Legislative Instruments Act 2003.
Obligations under these regulations include the State of Design's responsibility for the continuing airworthiness of aircraft types, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that aircraft remain airworthy. The State of Registry, which is the country where the aircraft is registered, is also obligated to develop or adopt requirements that ensure the continuing airworthiness of the aircraft within its jurisdiction. These obligations ensure that both the design and registry states actively contribute to maintaining the safety standards of the aircraft.
Failure to comply with ADs could lead to various civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, the Act itself provides for the enforcement of safety regulations, and breaches of these regulations could result in penalties. While specific penalties are not detailed in the explanatory statement, breaches of aviation safety regulations generally can lead to fines, imprisonment, or both, depending on the severity and nature of the violation. The exact penalties would be determined by the courts based on the specific circumstances of each case.
The explanatory statement also mentions that CASA has cancelled AD/TPE 331/35, which affected Honeywell TPE 331 engines, effective from 24 September 2009. This cancellation aligns 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 require a Regulatory Impact Statement, simplifying the administrative process for such directives.