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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/ARRIEL/17 Amdt 3 affecting Turbomeca Arriel series turbine engines. The EASA issued AD 2009-0236 on 29 October 2009 which supersedes the requirements of AD/ARRIEL/17 Amdt 3 and as such this AD has been cancelled. The EASA acts on behalf of France, the state of design for these engines. The cancellation will become effective on 12 November 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation and ensure the safety and efficiency of the industry. One of the Act's key provisions is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These regulations allow CASA to mandate safety requirements for aircraft types registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The objective of these directives is to maintain the continuing airworthiness of aircraft, ensuring public safety in air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower CASA to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. This regulatory framework enables CASA to act promptly on safety issues identified by the State of Design, thereby fulfilling Australia's obligations under Annex 8 of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) under Australian law, ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and ADs are a key mechanism for communicating necessary safety measures to States of Registry, including Australia. CASA, as the national airworthiness authority, must assess information from State of Design ADs and, if deemed necessary, issue corresponding Australian ADs to enforce compliance with airworthiness standards. The cancellation of CASA issued AD/ARRIEL/17 Amdt 3, which was superseded by an EASA AD, exemplifies this process and highlights the international coordination required to maintain aircraft safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that govern the issuance of airworthiness directives (ADs) for aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified aircraft types or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case, Australia, is responsible for implementing and enforcing the continuing airworthiness requirements. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed on CASA and other relevant parties by the Civil Aviation Safety Regulations 1998 include the assessment of ADs issued by the State of Design and the subsequent issuance of Australian ADs when appropriate. CASA must ensure that the continuing airworthiness requirements are effectively communicated and enforced within Australia. For example, when the European Union Aviation Safety Agency (EASA) issued AD 2009-0236 on 29 October 2009, CASA assessed the information and issued an Australian AD if necessary. Furthermore, CASA must cancel previous ADs, such as AD/ARRIEL/17 Amdt 3, when superseded by new directives from the State of Design, as in the case of the Turbomeca Arriel series turbine engines designed in France. It is important that CASA adheres to these obligations to maintain the safety and airworthiness of aircraft registered in Australia.
In terms of consequences for non-compliance with the ADs, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose strict penalties for breaches. Failure to comply with an AD can result in significant civil or criminal consequences. Civil penalties may include fines, while criminal penalties may include imprisonment, depending on the severity and impact of the non-compliance. The exact penalties are not specified in the provided text but generally reflect the gravity of the safety breach. CASA is responsible for enforcing compliance with ADs, ensuring that all aircraft and aeronautical products meet the required safety standards. This enforcement is crucial to preventing accidents and maintaining the high standards of aviation safety in Australia.