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 United States FAA has issued AD 2006-15-08 affecting Honeywell TPE331 series engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/TPE 331/63, which will become effective on 28 September 2006.
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 Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft within the country. One key aspect of this regulation is the issuance of airworthiness directives (ADs) to ensure the ongoing safety and airworthiness of aircraft, as stipulated in section 98 of the Act. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Act mandates that CASA, as Australia's national airworthiness authority, assess and implement ADs issued by the relevant State of Design to ensure compliance with international safety standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of the ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, in line with international standards outlined in Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements of the originating State of Design. For instance, in response to the United States Federal Aviation Administration's AD 2006-15-08 concerning the Honeywell TPE331 series engines, CASA issued Australian AD/TPE 331/63, effective from 28 September 2006. This AD was issued without public consultation and does not require a Regulatory Impact Statement, reflecting its alignment with international obligations and CASA's role as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Notably, section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 recognise ADs as legislative instruments.
The obligations placed on parties under this legislation are multifaceted. The State of Design, such as the United States for the Honeywell TPE331 series engines, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to other States of Registry. The State of Registry, which in the case of Australian aircraft is CASA, must then develop or adopt requirements to ensure the aircraft's continuing airworthiness. When a State of Design issues an AD, CASA must assess the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
Breaches of the obligations set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can have significant consequences. Although specific penalties for non-compliance with ADs are not detailed in the text, non-compliance with airworthiness requirements can lead to severe penalties, including fines and imprisonment. The severity of these penalties reflects the critical importance of adhering to airworthiness directives to ensure the safety of air navigation. The legislative process for issuing ADs, including the determination that they do not require a Regulatory Impact Statement, underscores the urgency and necessity of these directives in maintaining aviation safety.