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 French DGAC has issued AD F-2005-162 affecting Turbomeca ARRIEL 2 series helicopter turboshaft engines. France is the State of Design for this engine model. CASA has assessed this AD and has issued Australian AD/ARRIEL/21 which will become effective on 12 October 2005.
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 was enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft operating in Australian airspace. The Act empowers the Governor-General to make regulations, and under section 98, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments that are subject to disallowance and are designed to comply with international standards set by the Convention on International Civil Aviation. CASA’s role includes assessing ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to ensure the safety of aircraft registered in Australia. This process is mandated by international obligations and does not require public consultation, as determined by the Office of Regulatory Review, which also concluded that such ADs do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to all persons and entities involved in civil aviation activities within Australia, including aircraft manufacturers, operators, pilots, and air traffic control entities. The Act establishes the framework for ensuring the safety and efficiency of civil aviation. The Civil Aviation Safety Regulations 1998 further detail the requirements and standards for airworthiness, among other safety measures. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments and are issued in response to international obligations under the Convention on International Civil Aviation, particularly when a State of Design issues an AD affecting aircraft or products on the Australian Register. The ADs are applicable to all relevant aircraft within Australia and must be enforced by CASA, which is the national airworthiness authority. The ADs are issued without public consultation due to their international nature and are not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations aimed at enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, further clarify that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD is designated as a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901, thereby qualifying as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft type is designed, holds primary responsibility for ensuring the continuing airworthiness of that aircraft type. This State must provide necessary information to maintain the aircraft's airworthiness to all relevant States of Registry. Conversely, the State of Registry, where the aircraft is registered, is responsible for ensuring the ongoing airworthiness of the individual aircraft. When the State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate this directive and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
In the specific instance of AD F-2005-162 issued by the French Directorate General for Civil Aviation (DGAC) concerning Turbomeca ARRIEL 2 series helicopter turboshaft engines, CASA has undertaken the necessary assessment and issued Australian AD/ARRIEL/21. This directive will take effect on 12 October 2005. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation and a directive from the relevant State of Design, no public consultation was required. The Office of Regulatory Review has also determined that no Regulatory Impact Statement is necessary for this AD.
CASA has issued this AD under the authority conferred by subsection 84A(2) of the Civil Aviation Act 1988. The AD was made by the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, on behalf of CASA. This process ensures that CASA adheres to its mandate to maintain the safety of civil aviation in Australia. Non-compliance with these ADs can result in serious consequences, including potential grounding of affected aircraft until the necessary compliance measures are implemented. The specific consequences for non-compliance are detailed in the Civil Aviation Safety Regulations and can include civil penalties and criminal charges, with the severity of the penalty depending on the nature and extent of the breach.