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 EASA issued AD 2007-0044, affecting Turbomeca Arriel gas turbine rotorcraft, engines in 2007. Europe is the State of Design for Turbomeca engine types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/ARRIEL/22 Amendment 1, will become effective on 10 May 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, 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, enacted by the Australian Parliament, serves as the primary legislative framework governing civil aviation within Australia, with the overarching goal of ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail and regulatory measures to achieve these objectives. One critical aspect of these regulations is the issuance of airworthiness directives (ADs), which are formal safety measures issued by the Civil Aviation Safety Authority (CASA) to mandate compliance with specific safety requirements for aircraft and aeronautical products. The issuance of ADs is crucial for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with both national and international standards, such as those set by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, must ensure that Australian ADs reflect the directives issued by the State of Design to which an aircraft type belongs, thereby fulfilling Australia’s obligations under international conventions and enhancing the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. Airworthiness directives are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in accordance with international obligations under the Convention on International Civil Aviation. ADs are critical for maintaining the continuing airworthiness of aircraft and are typically issued by the State of Design, with the State of Registry responsible for ensuring that aircraft comply with these directives. In the case of Australian registered aircraft, CASA must assess and implement the necessary ADs issued by the relevant State of Design, such as the European Union’s AD 2007-0044 concerning Turbomeca Arriel gas turbine engines, which was subsequently amended to align with Australian safety standards. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main provisions of the Civil Aviation Act 1988, as they relate to the issuance of airworthiness directives (ADs), are found in section 98, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001, which specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft and aeronautical products, and they are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). The ADs are designed to align with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and on the State of Registry for individual aircraft.
The obligations imposed by the Act and the Regulations on the parties and entities they govern include the requirement for CASA to assess information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design for aircraft on the Australian Register. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the context of the amended AD/ARRIEL/22 Amendment 1 for Turbomeca Arriel gas turbine rotorcraft engines, CASA has acted on information provided by the European EASA as the State of Design for Turbomeca engine types.
Under the Civil Aviation Safety Regulations 1998, there are no specific offences or penalties outlined for breaches of ADs. However, the failure to comply with an AD can lead to serious safety issues and may result in civil or criminal consequences for non-compliance with the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. These consequences can include fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. The exact penalties for breaches are not specified in the regulations but are determined by the courts in the context of each case under the general provisions of the Act. The issuance of ADs is a critical tool in maintaining the safety and airworthiness of aircraft, and compliance with these directives is mandatory for all parties involved in the operation and maintenance of aircraft in Australia.