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 issued AD 2007-0018 affecting Turbomeca ARRIEL engines. The EASA is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/ARRIEL/17 Amendment 2. The amended AD will become effective on 7 June 2007. 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 Commonwealth Parliament, aims to ensure the safety of air navigation within Australia. The Act grants the Governor-General the authority to establish regulations under section 98, facilitating the oversight and maintenance of civil aviation safety. One of the critical mechanisms established by these regulations is the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory framework ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) issues these ADs, which serve as legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The primary policy objective is to align Australia's civil aviation safety measures with international obligations, ensuring the highest standards of safety in the aviation sector.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety and airworthiness of aircraft. The Act applies to the Civil Aviation Safety Authority (CASA) as the national airworthiness authority, which is tasked with issuing ADs for specific types of aircraft or aeronautical products to mandate safety requirements. These directives are legislative instruments and are issued in accordance with Australia's obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for continuing airworthiness of aircraft types. The geographic reach of these regulations is national, as CASA issues ADs based on directives from the State of Design and implements them for aircraft registered in Australia. While ADs are a common form of continuing airworthiness information, they are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main sections of the Civil Aviation Safety Regulations 1998 that are relevant to the issuing of airworthiness directives (ADs) are section 39.001, which provides the authority for CASA to issue ADs, and subregulation 39.001(5), which states that ADs are disallowable instruments under the Acts Interpretation Act 1901 (section 46A). This means that ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003. The State of Design for the aircraft or aeronautical product has the primary responsibility for ensuring the continuing airworthiness of the type, and must provide necessary information to the appropriate States of Registry, which in turn must implement requirements to maintain airworthiness. In Australia, CASA is the national airworthiness authority and is required to assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA and the State of Registry have specific obligations regarding the issuance and implementation of ADs. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to ensure compliance with the requirements of the State of Design. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft, including the implementation of any ADs issued by CASA. Additionally, under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to the States of Registry to ensure the continuing airworthiness of the aircraft type.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breach in relation to ADs. However, failure to comply with ADs could potentially lead to serious safety issues, and CASA has the authority to take action against non-compliance, including enforcement actions, fines, or other penalties. The specific consequences for non-compliance would depend on the nature and severity of the breach, as well as any relevant civil or criminal law. It is important for parties and entities governed by the Act to understand their obligations under the ADs and to ensure compliance to maintain the safety of air navigation.