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/19 Amdt 1 affecting Turbomeca Arriel series turbine engines. The EASA issued AD 2009-0246 on 10 November 2009 which supersedes the requirements of AD/ARRIEL/19 Amdt 1 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 24 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 Australian Parliament, provides the legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations, including the issuance of airworthiness directives (ADs) under section 98, to maintain and enhance aviation safety. The Civil Aviation Safety Regulations 1998 further outline the procedures for issuing these directives, with regulation 39.001 authorising CASA to issue ADs for specific types of aircraft or aeronautical products. These regulations also classify ADs as disallowable instruments under the Acts Interpretation Act 1901, and thus, legislative instruments under the Legislative Instruments Act 2003. The policy objective of these measures is to ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, in this case CASA, has the responsibility to ensure that aircraft meet the required safety standards, particularly when directives are issued by the State of Design, as mandated by Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in the interest of ensuring the safety of air navigation. These ADs, which are legislative instruments, apply to aircraft registered in Australia and are mandated by the State of Design, which in the case of the Turbomeca Arriel series turbine engines, is France. CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing these directives, ensuring they comply with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The ADs serve as a means of continuing airworthiness information, and when a State of Design issues an AD, CASA must either adopt or adapt it to suit Australian regulations. This framework ensures that all aircraft operating within Australian jurisdiction meet the required safety standards, though the regulations do not extend to require public consultation or a Regulatory Impact Statement for these directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. Section 98 of the Act empowers the Governor-General to make regulations that support the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument.
The obligations imposed by these provisions are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide any necessary information to the States of Registry, including Australia. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must then assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the necessary requirements. This ensures that Australian aircraft meet the required safety standards as dictated by the State of Design.
Failure to comply with an AD can result in serious consequences. Under section 112 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence. This can lead to civil penalties, including fines, and criminal penalties if the contravention results in a serious risk of death or injury. The specific penalties depend on the nature and severity of the breach but can be significant, reflecting the importance of compliance with ADs to maintain aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust system for issuing and enforcing airworthiness directives to ensure the safety of air navigation. The obligations are clear, and the penalties for non-compliance are severe, underscoring the importance of adhering to these regulations.