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 European Aviation Safety Authority (EASA) has issued AD 2007-0026 affecting Arriel 2B model turboshaft engines. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ARRIEL/19, Amendment 1, which will become effective on 5 July 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, Airframes 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, governs the regulation of civil aviation within Australia. It provides the legal framework for ensuring the safety and efficiency of civil aviation operations. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate the requirements necessary to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The recent issuance of Australian AD/ARRIEL/19, Amendment 1, in response to EASA's AD 2007-0026, exemplifies the application of these regulatory mechanisms to maintain safety standards in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products in order to maintain safety standards in air navigation. Such ADs are legislative instruments that are subject to disallowance and must be assessed in accordance with the Legislative Instruments Act 2003. The issuance of ADs is governed by international obligations under the Convention on International Civil Aviation, with the State of Design having the primary responsibility for ensuring the continuing airworthiness of aircraft types, and the State of Registry responsible for the individual aircraft. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by other states and, if deemed necessary, issue corresponding Australian ADs. For instance, in response to EASA's AD 2007-0026 concerning Arriel 2B model turboshaft engines, CASA issued Australian AD/ARRIEL/19, Amendment 1. Given the international context and the nature of ADs, these instruments do not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal documents issued to ensure the continuing airworthiness of aircraft, which means they are fit to fly safely. For instance, CASA has issued AD/ARRIEL/19, Amendment 1, which pertains to Arriel 2B model turboshaft engines, following an assessment of the AD 2007-0026 issued by the European Aviation Safety Authority (EASA) on behalf of France, the State of Design for this aircraft type.
Compliance with these ADs is mandatory for all operators of the affected aircraft. Operators must follow the specific requirements and instructions outlined in the ADs to ensure the safety of the aircraft. This includes conducting necessary inspections, repairs, or modifications as specified by CASA. The State of Registry, in this case, Australia, is responsible for ensuring that these directives are implemented effectively. CASA, as the national airworthiness authority, must monitor and enforce compliance with these regulations to maintain the safety standards of Australian registered aircraft.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance may result in enforcement actions, including fines and potential criminal charges. For example, operating an aircraft that does not meet the requirements set out in an AD could lead to prosecution, with potential penalties including substantial fines and imprisonment. These measures are in place to ensure that all aircraft meet the necessary safety standards and to protect the public from the risks associated with non-compliance.
Moreover, CASA has the authority to take immediate action, such as grounding an aircraft, if it is deemed unsafe due to non-compliance with an AD. This proactive stance helps to prevent accidents and ensures that the highest safety standards are maintained in Australian airspace. By adhering to the ADs, operators contribute to the overall safety and reliability of the aviation industry.