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 US FAA has issued AD 2008-08-17 affecting Kelly Aeropsace Power Systems Turbochargers. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TURBO/2, which will become effective on 13 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a regulatory framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation, thereby fulfilling Australia's obligations under international conventions such as the Convention on International Civil Aviation. One critical aspect of this regulatory framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft. In line with international standards and Australia's commitment to safety, CASA has issued Australian AD/TURBO/2 in response to an AD raised by the US Federal Aviation Administration concerning Kelly Aerospace Power Systems Turbochargers, effective from 13 May 2008. This action underscores CASA's role in ensuring that Australian aircraft comply with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation. This legislation mandates the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Furthermore, the ADs must align with international standards under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and necessitates information sharing with States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is obligated to evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This process ensures that Australian-registered aircraft meet the necessary safety standards established by international conventions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legal framework for the regulation of airworthiness in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901.
Under the Civil Aviation Act and Regulations, the State of Design, which is the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the aircraft type to States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed by these provisions are significant for both CASA and the State of Registry. CASA must ensure it evaluates ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs to maintain the safety and airworthiness standards of aircraft registered in Australia. The State of Registry must implement and enforce the requirements of any Australian ADs issued by CASA to ensure that aircraft registered within its jurisdiction remain airworthy.
Failure to comply with the requirements of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, an aircraft found not to comply with an AD can be deemed unsafe, leading to potential penalties for the operator or owner of the aircraft. The Act also provides for the grounding of aircraft that do not comply with ADs. The specific penalties for breaches can include fines and imprisonment, depending on the severity of the non-compliance and the impact on aviation safety.