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 331/5 affecting Honeywell TPE 331 engines in 1967. 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 Australian Parliament, aims to ensure the safety of air navigation. This Act empowers the Governor-General to establish regulations that support the Act's objectives, particularly in relation to the safety of air navigation. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. As per Annex 8 of the Convention, the State of Design holds responsibility for an aircraft type’s continuing airworthiness, while the State of Registry ensures the ongoing airworthiness of individual aircraft. In accordance with these international standards, CASA has the authority to issue, review, and cancel ADs, reflecting Australia’s commitment to safety in civil aviation.
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 specific types of aircraft or aeronautical products to ensure the safety of air navigation, as authorised by the Civil Aviation Act 1988. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure airworthiness, while the State of Registry must develop or adopt requirements to maintain it. CASA, acting under these regulations, issued an AD/TPE 331/5 in 1967 concerning Honeywell TPE 331 engines, which has since been cancelled due to Australia's obligations under the Convention on International Civil Aviation, effective from 24 September 2009. The cancellation of this AD does not require public consultation or a Regulatory Impact Statement, and no replacement AD is necessary. The Manager, Future Technology and Regulatory Trends, in CASA's Standards Development and Future Technology Division, has issued this AD cancellation under the authority of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This is further clarified by subregulation 39.001(5), which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are instrumental in ensuring the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design for an aircraft type.
Under the regulations, the State of Design is tasked with providing necessary information to ensure the continuing airworthiness of an aircraft type, which is then used by the State of Registry to develop or adopt requirements for ensuring the airworthiness of individual aircraft. This international cooperation is crucial, as ADs are a common form of continuing airworthiness information issued by ICAO Contracting States. For example, CASA issued AD/TPE 331/5 for Honeywell TPE 331 engines in 1967, which has since been reviewed and cancelled, effective 24 September 2009, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation does not require public consultation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed by these regulations are significant for both CASA and the States of Registry. CASA is responsible for issuing ADs that are in compliance with international standards and obligations, ensuring that they serve to maintain the safety and airworthiness of aircraft. States of Registry must then implement these ADs as part of their requirements for ensuring the continuing airworthiness of aircraft under their jurisdiction. This dual responsibility ensures that the safety of air navigation is upheld through a coordinated international and domestic effort.
Failure to comply with the requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to serious consequences. While the specific civil or criminal penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives and other regulatory requirements can result in safety risks, which may incur civil or criminal liability. The severity of penalties would depend on the nature and impact of the non-compliance, but they are likely to be substantial given the critical importance of air safety.