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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The FAA issued AD 2006-15-08 affecting Honeywell TPE 331 series engines. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TPE 331/63 Amendment 1 which will become effective on 23 June 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for ensuring the safety and efficiency of civil aviation in Australia. This Act grants the Governor-General the authority to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables CASA to issue these directives for specific types of aircraft or aeronautical products, thus ensuring that they meet continuing airworthiness standards. The problem this legislation addresses is the need for a unified and internationally compliant approach to maintaining the airworthiness of aircraft registered in Australia, in line with the obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998, which include the provision for issuing airworthiness directives, were enacted by the Parliament of Australia and are administered by CASA, Australia's national airworthiness authority. The policy objective behind these regulations is to ensure that all aircraft operating within Australia comply with international safety standards, thereby protecting public safety and maintaining the integrity of the national airspace. The issuance of airworthiness directives is a critical tool in this regard, as it allows CASA to mandate necessary safety measures in response to identified issues, often in coordination with other states of design and registry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation, and regulation 39.001 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and scrutiny as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of the Act and its regulations extends to all aircraft registered in Australia and their associated aeronautical products, as well as to the entities responsible for their manufacture and maintenance. This includes compliance with international standards as stipulated under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which in Australia is CASA, must ensure that any ADs issued by the State of Design are appropriately assessed and, if necessary, translated into Australian ADs to maintain the continuing airworthiness of aircraft registered in Australia. The jurisdictional reach of these regulations is national, with specific application to the international obligations and agreements that Australia has entered into under the auspices of the International Civil Aviation Organization (ICAO). There are no stated exclusions or exemptions within the text provided, and the issuance of ADs can be further extended or specified through subordinate instruments as required by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations that are in the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) of the same regulations clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, therefore, an AD is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate State of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. When an AD is issued by the State of Design, such as the FAA's AD 2006-15-08 for Honeywell TPE 331 series engines, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements. In this case, CASA amended the Australian AD to AD/TPE 331/63 Amendment 1, which will be effective from 23 June 2008.
Failure to comply with the requirements of an AD can result in serious consequences. Under the Civil Aviation Act 1988, offences and penalties may be imposed for non-compliance with airworthiness directives. The specific penalties for breaching ADs can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the offence but can be significant, reflecting the importance of adhering to safety regulations in aviation.