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 331/7 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, establishes the framework for civil aviation safety in Australia. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to maintain the safety and airworthiness of aircraft within Australia. The objective of this regulatory framework is to align with Australia's international obligations under the Convention on International Civil Aviation, specifically ensuring that the State of Registry maintains the continuing airworthiness of individual aircraft and that the State of Design provides necessary information to support this goal.
In accordance with international standards, CASA has the authority to issue and cancel ADs as necessary to uphold these obligations. The cancellation of AD/TPE 331/7, affecting Honeywell TPE 331 engines, exemplifies this process, with the cancellation effective from 24 September 2009. Given that this cancellation stems from Australia's international commitments and not from a requirement for public consultation or a Regulatory Impact Statement, no such consultation has been conducted. The AD was 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.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory framework applies to all aircraft and aeronautical products within Australia's jurisdiction, encompassing both domestic and international flights, as well as entities operating within the Australian aviation sector. ADs serve as legislative instruments under the Legislative Instruments Act 2003, and their issuance aligns with Australia's commitments under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of an aircraft type. Additionally, the State of Registry is obligated to ensure the continuing airworthiness of individual aircraft within its jurisdiction. In this context, CASA, or its predecessors, issued AD/TPE 331/7 affecting Honeywell TPE 331 engines in 1967, which has since been cancelled due to compliance with international obligations, without necessitating public consultation or a Regulatory Impact Statement. The cancellation of this AD, effective from 24 September 2009, signifies that no replacement directive is required, thereby reflecting Australia’s adherence to international civil aviation standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establish the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). These sections permit the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are the primary means by which the continuing airworthiness of aircraft types is communicated (subregulation 39.001(5)).
The obligations imposed on the parties governed by this Act are multifaceted. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry to ensure ongoing airworthiness (Annex 8 to the Convention on International Civil Aviation). The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction (Annex 8). CASA, acting on behalf of the State of Registry in Australia, must issue ADs as necessary to comply with these international obligations and to maintain the safety standards required by Australian law.
The Civil Aviation Safety Regulations 1998 also provide for the issuance of ADs to address specific safety concerns or required modifications for aircraft types. The cancellation of an AD, such as AD/TPE 331/7 for Honeywell TPE 331 engines, must be conducted in accordance with Australia’s obligations under international conventions, such as the Convention on International Civil Aviation (section 84A(2) of the Act). In this case, the cancellation of the AD is due to these international obligations, and thus no public consultation or Regulatory Impact Statement was required (Office of Best Practice Regulation).
The consequences for non-compliance with ADs are significant. While the specific civil or criminal penalties for breaching an AD are not detailed in the provided text, it is reasonable to infer that non-compliance could result in substantial penalties given the regulatory nature of ADs and their purpose of ensuring air safety. Such penalties might include fines, operational restrictions, or other regulatory actions that could severely impact the operations of an airline or aircraft owner. The overarching goal is to ensure that all parties adhere strictly to the ADs to maintain the highest safety standards in civil aviation.