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 2009-17-05 affecting Honeywell TPE 331-10 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/TPE 331/64, which will become effective on 1 September 2009.
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, 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, establishes the framework for the regulation of civil aviation in Australia with a strong emphasis on safety. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, thereby addressing the need for a comprehensive legislative approach to aviation safety. One significant aspect of this Act is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, serve as a mechanism to mandate corrective actions to maintain the airworthiness of aircraft. The overarching policy objective of the Act is to ensure that aviation safety is maintained in alignment with international standards and obligations, such as those set forth by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under this framework, CASA, as Australia's national airworthiness authority, is mandated to issue ADs for specific kinds of aircraft or aeronautical products to maintain the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments, subject to disallowance, and are issued in response to continuing airworthiness information provided by the State of Design or as a result of Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation. The issuance of an AD does not require public consultation or a Regulatory Impact Statement, as it is a direct response to international safety standards and requirements. This legislation applies to all aircraft and aeronautical products registered in Australia, with the geographic reach extending to national and international standards as dictated by ICAO regulations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to assess any AD issued by the State of Design regarding an aircraft type on the Australian Register and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This obligation arises from Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring an aircraft's continuing airworthiness on the State of Registry, while the State of Design must provide necessary information for maintaining airworthiness. In the instance of AD 2009-17-05 issued by the United States Federal Aviation Administration (FAA) for the Honeywell TPE 331-10 series engines, CASA has assessed the AD and issued Australian AD/TPE 331/64, effective from 1 September 2009.
The Act imposes several obligations on CASA and other entities. Firstly, CASA must meticulously assess any AD issued by the State of Design, ensuring the safety and airworthiness of aircraft within the Australian Register. Secondly, CASA is responsible for issuing Australian ADs when necessary, thereby enforcing the requirements set forth by the State of Design. Furthermore, the State of Registry must develop or adopt requisite measures to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Act does not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches of ADs. However, non-compliance with an AD could potentially lead to severe safety risks and liabilities. For example, operating an aircraft that does not meet the requirements specified in an AD could result in penalties under the Civil Aviation Act 1988, including fines or imprisonment, depending on the severity of the breach and the resultant risk to aviation safety. Moreover, airlines or operators failing to adhere to ADs could face operational restrictions, grounding of aircraft, or revocation of airworthiness certificates, further exacerbating the consequences of non-compliance.