Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Approval — compliance with Airworthiness Directive (AD) for Hartzell propellers
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
In accordance with paragraph 39.004 (3) (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may in writing approve a means of compliance with an Airworthiness Directive (AD) for a particular kind of aircraft or aeronautical product.
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. As of 1 October 2009, when a State of Design issues an AD against a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However CASA, as Australia’s national airworthiness authority, must assess this information and at times, if appropriate, issue an approved means of compliance (AMOC) against the State of Design AD to ensure Australian registered operators can comply with the requirements.
The Federal Aviation Administration of the United States of America (FAA) as the State of Design for Hartzell propellers, issued AD 2009-22-03 with an effective date of 12 November 2009. The AD deals with a particular type of aircraft component. The AD references FAA ADs issued prior to 1 October 2009 and requires that they be complied with.
These previously issued FAA ADs were issued by CASA as Australian ADs AD/PHZL/75 and AD/PHZL/74, Amendment 1. To ensure Australian operators can comply with FAA AD 2009-22-03, CASA has issued this approval of an AMOC that allows compliance with the Australian ADs to be taken as compliance with the previously issued FAA ADs as referred to in FAA AD 2009-22-03.
Legislative Instruments Act
Subregulation 39.004 (3) of CASR 1998 provides that an AMOC as issued in accordance with paragraph 39.004 (3) (a) is issued under subsection 98 (5A) of the Act.
Subsection 95 (5B) provides that an instrument issued under subsection 98 (5A) of the Act is a legislative instrument.
Therefore, in accordance with subsection 98 (5B) of the Act, an instrument for an AMOC is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
CASA has not consulted in relation to the issue of the AMOC. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by users of the mentioned aircraft component with the FAA AD 2009-22-03.
The instrument commences on the day of registration.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA 527/09]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998 (CASR 1998). These regulations enable the Civil Aviation Safety Authority (CASA) to approve means of compliance with Airworthiness Directives (ADs) for specific aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 mandate compliance with ADs issued by the State of Design and require CASA to issue approved means of compliance (AMOC) when necessary. This ensures that Australian registered operators can meet international airworthiness standards. For instance, following the issuance of FAA AD 2009-22-03 for Hartzell propellers, CASA issued an AMOC to allow compliance with previously issued Australian ADs to be recognised as meeting the requirements of the FAA directive.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation within Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. Pursuant to section 98 of the Act, CASA is empowered to make regulations for the safety of air navigation, and this includes approving means of compliance with Airworthiness Directives (ADs) issued by other States of Design, such as the United States Federal Aviation Administration (FAA). Specifically, under subregulation 39.004(3)(a) of the CASR 1998, CASA can approve a means of compliance with an AD for a particular kind of aircraft or aeronautical product. The Act and the associated regulations apply to all aircraft registered in Australia, as well as to entities and individuals involved in the operation and maintenance of these aircraft. The geographic reach of the legislation is national, extending to all aircraft within Australia, irrespective of where they are registered internationally. However, the Act does not specify exclusions, exemptions, or thresholds for its application, and its scope is largely defined by the nature of the aviation safety regulations it seeks to implement. Additionally, the Act may extend its application through subordinate instruments, such as the AMOC issued for compliance with FAA AD 2009-22-03 concerning Hartzell propellers, which facilitates compliance by Australian operators with international airworthiness standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998), particularly under section 39.004(3)(a), permit the Civil Aviation Safety Authority (CASA) to approve a means of compliance (AMOC) with an Airworthiness Directive (AD) for specific aircraft or aeronautical products. This provision is integral for ensuring the continuing airworthiness of aircraft in accordance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. For Hartzell propellers, the Federal Aviation Administration (FAA) issued AD 2009-22-03, effective from 12 November 2009. In response, CASA has issued an AMOC allowing compliance with Australian ADs AD/PHZL/75 and AD/PHZL/74, Amendment 1, to be considered as compliance with the referenced FAA ADs.
CASA, as the national airworthiness authority, has a duty to assess and approve means of compliance with ADs to ensure that Australian-registered aircraft meet international safety standards. This process is essential for the safety of air navigation and aligns with the overarching responsibility of the State of Registry to ensure the continuing airworthiness of aircraft registered in Australia. The AMOC issued by CASA provides a clear pathway for Australian operators to adhere to the FAA AD 2009-22-03, facilitating compliance and maintaining safety standards.
Under the Civil Aviation Act 1988, CASA’s approval of an AMOC is a legislative instrument, subject to the requirements of the Legislative Instruments Act 2003. This means that any instrument issued under section 98(5A) of the Act, such as CASA's AMOC, must be tabled and is subject to disallowance in the Parliament. The AMOC in question, numbered CASA 527/09, was issued by a delegate of CASA in accordance with subregulation 7(1) of the Civil Aviation Regulations 1998 and commences on the day of its registration.
The AMOC does not require consultation as it is issued in compliance with Part 39 of CASR 1998 and aims to facilitate compliance by users of the Hartzell propellers with the FAA AD 2009-22-03. It provides a direct means for Australian operators to meet international safety directives, thereby ensuring the continued safety and airworthiness of their aircraft. Failure to comply with ADs and the approved means of compliance could result in serious safety breaches, potentially leading to civil or criminal penalties under the Civil Aviation Act 1988. The exact penalties for non-compliance can vary, but they may include substantial fines and other regulatory actions that could impact the operator’s ability to continue flying.