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-2005-188 affecting Turbomeca ARRIEL series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/22, which will become effective on 19 January 2006.
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 Parliament of Australia, serves to regulate civil aviation safety in the nation, ensuring that aviation activities align with safety standards. One significant aspect of this Act is the ability for the Governor-General to create regulations under section 98, which directly pertains to the safety of air navigation. Complementing the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These directives, being legislative instruments as per the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft, particularly when issued in response to international obligations under the Convention on International Civil Aviation. The Act aims to uphold safety standards and ensure compliance with international aviation regulations, particularly through the issuance of ADs in alignment with directives from the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft and aeronautical products. Under the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. ADs are issued to address identified safety issues and ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry is required to implement the necessary measures to maintain airworthiness. In practice, this means that when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements domestically. This process is exemplified by the issuance of Australian AD/ARRIEL/22 in response to a French AD affecting Turbomeca ARRIEL series engines, highlighting Australia's commitment to international safety standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants CASA the authority to issue these directives. Under subregulation 39.001(5), an AD is considered a disallowable instrument and a legislative instrument, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
The obligations under these provisions require CASA to issue ADs when necessary to ensure the continuing airworthiness of aircraft registered in Australia. This includes assessing ADs issued by the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type, and mandating any necessary requirements for Australian-registered aircraft. For instance, in response to the AD F-2005-188 issued by the French DGAC concerning Turbomeca ARRIEL series engines, CASA has assessed the directive and issued Australian AD/ARRIEL/22, which will become effective on 19 January 2006. The State of Registry, in this case, Australia, must ensure compliance with these mandated requirements.
Breach of the requirements stipulated in an airworthiness directive can lead to serious consequences. Under section 91 of the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can result in civil penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as well as criminal penalties which may include imprisonment. CASA has the authority to take enforcement actions against non-compliance, which can include grounding of the aircraft until compliance is achieved. Additionally, failure to comply with an AD may also result in liability for any damages arising from accidents or incidents caused by non-compliance.