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 French DGAC issued AD F-2004-047R1, affecting Turbomeca ARRIEL engines. France is the State of Design for these engines. CASA has amended the equivalent Australian AD. The amended AD, AD/ARRIEL/17 Amendment 1, will become effective on 16 March 2006. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to establish a regulatory framework for civil aviation and to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations that support the Act's objectives, particularly in relation to the safety of air navigation. In the context of airworthiness directives, the Act allows the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft and aeronautical products as stipulated in the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the safety standards required under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft with the State of Design and the State of Registry. The objective of these regulations is to align Australian aviation safety standards with international practices and to ensure that aircraft registered in Australia meet the necessary safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework is designed to ensure the continuing airworthiness of aircraft within Australia, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs serve as a critical mechanism for maintaining safety standards and are issued by the State of Design or Registry, with CASA acting as Australia's national airworthiness authority. When a State of Design, such as France in the case of Turbomeca ARRIEL engines, issues an AD, CASA is required to assess and, if necessary, issue a corresponding Australian AD. This process is mandated by international obligations and does not necessitate public consultation or a Regulatory Impact Statement. The ADs are considered legislative instruments and are issued by CASA officials in accordance with the relevant sections of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are legislative instruments under the Legislative Instruments Act 2003. This regulatory framework is essential for ensuring that aircraft maintain their airworthiness in line with international standards and practices.
The obligations under this legislation are multi-faceted. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide all necessary information to ensure that aircraft remain airworthy. This information is disseminated through ADs, which are mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which registers individual aircraft, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA plays a critical role in this process by assessing ADs issued by States of Design, such as the French DGAC, and issuing corresponding Australian ADs if necessary.
The compliance with these directives is strictly enforced. Failure to comply with an AD can result in serious legal consequences. The Civil Aviation Act 1988, along with associated regulations, outlines specific offences and penalties for non-compliance. These may include substantial fines and potential imprisonment, depending on the severity of the breach. For instance, an individual found guilty of non-compliance with an AD could face fines up to $100,000 and/or imprisonment for up to 12 months. Corporate entities may face even higher penalties, reflecting the critical importance of adhering to airworthiness standards to ensure public safety in air navigation.
The Civil Aviation Safety Regulations 1998 further delineate the procedures for issuing and enforcing ADs. These regulations ensure that ADs are issued in a timely manner and that they effectively address any identified safety concerns. The regulations also outline the processes for reviewing and updating ADs as necessary, reflecting the dynamic nature of aviation safety requirements. In summary, the legislative framework under the Civil Aviation Act 1988 and associated regulations is designed to maintain high safety standards in air navigation through rigorous oversight and enforcement of airworthiness directives.