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.
CASA issued AD/TURMO/3 affecting Turbomeca Turmo turbine engines in 1985. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Commonwealth Parliament, seeks to ensure the safety of air navigation in Australia. This legislation grants the Governor-General the authority to create regulations under section 98 to further this objective. The Civil Aviation Safety Regulations 1998, which were established pursuant to this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are integral to maintaining the ongoing airworthiness of aircraft, as they provide necessary information and mandates for ensuring safety standards are met. The ADs are considered legislative instruments, subject to disallowance, and must align with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue and cancel these directives is vested in CASA, reflecting its role as the national airworthiness authority responsible for overseeing the safety and regulatory compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulatory framework ensures that the safety of air navigation is prioritised by mandating compliance with airworthiness standards set by the State of Design and enforced by the State of Registry, which in Australia is CASA. These directives are integral to maintaining the continuing airworthiness of aircraft as required under Annex 8 to the Convention on International Civil Aviation. ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, allowing CASA to implement safety measures effectively. The issuance, review, and cancellation of these directives are managed by CASA, ensuring that any safety concerns are addressed promptly and that regulatory burdens are minimised where appropriate, such as in the case of AD/TURMO/3 for Turbomeca Turmo turbine engines, which was cancelled upon determination that the unsafe condition no longer exists.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and as such, it is a legislative instrument under the Legislative Instruments Act 2003. This legislative framework is crucial for ensuring that airworthiness directives are formal and enforceable, aligning with international standards such as those outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess information provided by the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type, and to issue an Australian AD if necessary. This ensures that all aircraft registered in Australia meet the required safety standards. The State of Registry, which is Australia in this case, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA's role is to monitor and enforce these requirements through the issuance and enforcement of ADs, ensuring compliance with both national and international safety standards.
Breach of the requirements set out in an airworthiness directive can lead to serious consequences. Non-compliance with an AD may result in the grounding of affected aircraft, potentially leading to criminal charges against the aircraft operator or owner. Under the Civil Aviation Act 1988, penalties for non-compliance can include fines of up to $105,000 for individuals and up to $525,000 for corporations, along with potential imprisonment terms. Additionally, CASA has the authority to issue compliance orders and can pursue legal action to enforce compliance, underscoring the seriousness of adhering to airworthiness directives.
Furthermore, the legislative process for issuing and cancelling ADs, as outlined in the Civil Aviation Safety Regulations 1998, requires careful consideration and adherence to regulatory procedures. The Manager, Future Technology and Regulatory Trends, within CASA, must follow established protocols when issuing or cancelling an AD, ensuring that any actions taken are justified and in the public interest. This structured approach helps maintain the integrity and effectiveness of the regulatory framework, ensuring that airworthiness directives serve their intended purpose of enhancing aviation safety.