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 2007-0018R1, 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 3 which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to provide a legislative framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that are essential for the safety of air navigation. One such regulation is outlined in the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are intended to mandate requirements to ensure the continuing airworthiness of aircraft and aeronautical products, reflecting Australia's commitment to international civil aviation standards as set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of ADs is a critical mechanism for CASA to discharge its responsibilities under both national and international law.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the legislative framework governing civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to issue regulations that are in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are pivotal in maintaining the continuing airworthiness of aircraft, with the State of Registry responsible for ensuring compliance with these directives. In the instance of international collaboration, the State of Design, such as the European Aviation Safety Agency (EASA) for Turbomeca ARRIEL engines, issues ADs, prompting CASA to adapt and enforce equivalent directives for the Australian Register. This process is conducted under Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, specifically by the Manager, Systems in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are essentially legislative instruments, as indicated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which states that they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that while ADs have the force of law, they can be disallowed by either House of Parliament.
The obligations imposed by these provisions include ensuring that the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, provides necessary information to maintain airworthiness. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue corresponding ADs. This ensures that the requirements set by the State of Design are adopted and enforced in Australia. When the European Aviation Safety Agency (EASA) issued AD 2007-0018R1 concerning Turbomeca ARRIEL engines, CASA responded by amending the Australian AD to AD/ARRIEL/17 Amendment 3, which became effective on 25 October 2007. This amendment aligns Australian regulations with those of the EASA, fulfilling Australia’s obligations under international conventions.
In terms of enforcement, the ADs serve as legally binding directives. Failure to comply with these airworthiness directives can result in severe consequences, both civil and criminal. Non-compliance with an AD can lead to the grounding of affected aircraft, which can significantly impact airline operations and passenger safety. Civil penalties may include fines, and in more severe cases, criminal charges can be brought against individuals or corporations responsible for the non-compliance. The exact penalties, including maximum fines and imprisonment terms, are outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations, but they are intended to ensure stringent adherence to safety standards. The rigorous nature of these penalties underscores the critical importance of maintaining airworthiness as a paramount concern in aviation.