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 EASA has issued EASA AD 2009-0088R1 affecting CFM International CFM 56 series engines. France is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/A320/230. The cancellation will become effective on 2 July 2009.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legal framework for civil aviation in Australia, ensuring safety and efficiency within the industry. This Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific actions or compliance measures to maintain the airworthiness of aircraft. The authority to issue such directives stems from the overarching objective of ensuring the safety of air navigation. The Civil Aviation Act 1988 thus addresses the need for a robust regulatory structure to oversee the safety standards of aircraft within Australia, aligning with international conventions such as the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as empowered by the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) which are regulatory instruments aimed at ensuring the safety and airworthiness of aircraft types operating within Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory framework is intended to maintain the highest safety standards in civil aviation, aligning with international conventions such as Annex 8 to the Convention on International Civil Aviation. The ADs serve as a mechanism for states to communicate and enforce airworthiness requirements. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure that aircraft within its jurisdiction comply with these directives. In the instance of the CFM International CFM 56 series engines, although France is the State of Design, CASA, as Australia's national airworthiness authority, has the responsibility to assess and implement relevant ADs, including cancelling existing directives in response to new international standards. This process is conducted in accordance with established legislative instruments, ensuring that Australian civil aviation standards are both internationally compliant and locally effective.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, particularly under regulation 39.001, which empowers 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 subregulation 39.001(5), which aligns with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to ensure the safety of aircraft to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must review this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 outline the obligations of CASA in this process. For instance, when the European Union Aviation Safety Agency (EASA) issued AD 2009-0088R1 affecting CFM International CFM 56 series engines, CASA assessed this directive. As a result, CASA cancelled Australian AD/A320/230, effective from 2 July 2009. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation and the AD issued by the relevant State of Design, France. This particular cancellation did not require consultation with the Australian public, and the Office of Regulatory Review concluded that no Regulatory Impact Statement was necessary for this AD.
Violating the provisions of the Civil Aviation Safety Regulations 1998 can result in significant consequences. Failure to comply with an airworthiness directive can lead to severe civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance can result in fines and imprisonment. The maximum penalties for these offences can be substantial, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.