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 331/42 Amendment 1 affecting Honeywell TPE 331 engines in 1994. 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 legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations aimed at enhancing aviation safety, and in this context, the Civil Aviation Safety Regulations 1998 were established. Regulation 39.001 of these regulations grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is essential for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Given that ADs are considered legislative instruments, they must adhere to the provisions of the Legislative Instruments Act 2003. The Civil Aviation Safety Authority, acting within its regulatory capacity, issued and subsequently cancelled an AD affecting Honeywell TPE 331 engines, a decision rooted in Australia's obligations under the Convention on International Civil Aviation, which necessitated no public consultation or Regulatory Impact Statement.
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 types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. These ADs are legislative instruments that play a critical role in maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry as per Annex 8 to the Convention on International Civil Aviation. This regulatory framework is designed to align with international standards and practices, ensuring that Australian aviation safety regulations are in harmony with global obligations. The ADs issued by CASA are subject to the disallowance provisions under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which further underscores their legal standing and the importance of their compliance with broader legislative frameworks. The specific AD/TPE 331/42 Amendment 1, which was issued in 1994 and subsequently cancelled on 24 September 2009, serves as an example of how CASA manages and updates its regulatory instruments to meet evolving safety standards and international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised under the overarching framework provided by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for the safety of air navigation. An AD is legally considered a legislative instrument due to its status as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA, which must ensure the ongoing airworthiness of aircraft and aeronautical products in Australia. This involves issuing ADs as necessary to maintain safety standards, in alignment with Australia's commitments under Annex 8 to the Convention on International Civil Aviation. The State of Registry, typically CASA, holds the responsibility for the continuing airworthiness of individual aircraft. This includes developing or adopting specific requirements to uphold airworthiness, as mandated by Annex 8. CASA's role is further defined by its ability to review and, if necessary, cancel existing ADs, as seen in the case of AD/TPE 331/42 Amendment 1 affecting Honeywell TPE 331 engines, which was cancelled on 24 September 2009.
The cancellation of an AD, such as the one affecting the Honeywell TPE 331 engines, is a significant action that aligns with Australia’s obligations under international aviation conventions. This process does not require consultation with the Australian public nor a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. CASA exercises this authority through its Manager, Future Technology and Regulatory Trends, within the Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The consequences of failing to comply with these obligations or the directives issued under them can be severe, potentially leading to civil or criminal penalties depending on the nature and severity of the breach.