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 331/6 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 was enacted to provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. It empowers the Governor-General to make regulations in the interest of safety, and in this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are intended to ensure the continuing airworthiness of aircraft types, in line with Australia's obligations under the Convention on International Civil Aviation. CASA has the responsibility to develop or adopt requirements for the continuing airworthiness of aircraft registered in Australia, and the ADs serve as the primary means of communicating necessary continuing airworthiness information. As such, CASA has the authority to issue, review, and cancel ADs, such as AD/TPE 331/6 concerning Honeywell TPE 331 engines, which was reviewed and subsequently cancelled in 2009.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in accordance with regulation 39.001. These ADs, which are considered legislative instruments, are essential for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue these directives is derived from Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry. In Australia, CASA, as the State of Registry, implements and enforces these directives to maintain safety standards.
The scope of these ADs is comprehensive, covering all aircraft and aeronautical products within the Australian jurisdiction, thus ensuring adherence to both national and international safety protocols. The cancellation of a specific AD, such as AD/TPE 331/6 for Honeywell TPE 331 engines, reflects Australia's compliance with ICAO obligations, demonstrating a commitment to international safety standards. As these ADs are integral to maintaining airworthiness, they do not require consultation with the public or a Regulatory Impact Statement, highlighting their technical and safety-focused nature.
Key Provisions
The main operative sections of this legislation relate to the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, as provided for by section 39.001(5) of the Regulations. This regulation permits the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products, and mandates that these directives are to be treated as legislative instruments under section 6 of the Legislative Instruments Act 2003. The specific AD mentioned, AD/TPE 331/6, affecting Honeywell TPE 331 engines, was initially issued in 1967 and has now been cancelled by CASA. This cancellation is effective as of 24 September 2009, with no replacement AD required.
The obligations and requirements imposed by the Act and the accompanying regulations are primarily centred on the safety of air navigation. The Civil Aviation Safety Regulations 1998 place a duty on CASA to issue ADs as necessary to ensure the safety and airworthiness of aircraft and aeronautical products. Additionally, under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for providing any information necessary for the continuing airworthiness of an aircraft type. The State of Registry, in this case Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. The Act also outlines the process by which ADs are made, reviewed, and cancelled, with CASA being the regulatory body responsible for these actions.
In terms of offences, penalties, or consequences for breach, the Civil Aviation Safety Regulations 1998 do not explicitly state specific offences or penalties related to non-compliance with ADs. However, the overarching Civil Aviation Act 1988 provides for enforcement mechanisms, including fines and imprisonment, for breaches of the regulations and directives issued under the Act. The severity of penalties would depend on the nature and extent of the non-compliance, as well as any resulting harm or risk to aviation safety. While the specific AD cancellation itself does not result in direct penalties, non-compliance with the ADs in general could lead to enforcement actions by CASA, potentially resulting in fines, imprisonment, or other civil or criminal consequences.