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 2006-0068, affecting Turbomeca Arriel series turboshaft engines, in 2006. Europe is the State of Design for Turbomeca turboshaft engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/ARRIEL/23 Amendment 1, will become effective on 8 June 2006. 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 to regulate civil aviation and ensure the safety of air navigation, amongst other objectives. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to provide detailed rules and standards for civil aviation safety. One of the critical mechanisms within these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products. The objective is to address safety concerns identified with specific aircraft types or components, mandating corrective actions to ensure they meet safety standards. These ADs are issued by the Civil Aviation Safety Authority (CASA) in response to international obligations and industry requests, ensuring that Australian aviation remains compliant with global standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, aiming to maintain the safety of air navigation. This regulatory framework applies to all entities involved in the aviation industry within Australia, including aircraft operators, manufacturers, and maintenance providers, ensuring compliance with both national and international standards for airworthiness. ADs are legislative instruments subject to disallowance and are issued in response to continuing airworthiness concerns, often prompted by directives from the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. Although ADs are typically issued without public consultation due to their urgent nature and international obligations, they remain integral to the regulatory oversight of aircraft safety in Australia. The jurisdictional reach of these regulations extends nationally, with CASA serving as the authoritative body responsible for the assessment and enforcement of airworthiness directives on the Australian Register.
Key Provisions
The Civil Aviation Act 1988, in section 98, allows the Governor-General to create regulations that aim to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulation underscores that an AD is a legislative instrument, as stated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is the State where an aircraft type is designed, bears the primary responsibility for ensuring the aircraft's continuing airworthiness. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with these ADs can result in severe consequences. Violations of the ADs may lead to civil and criminal penalties, although the exact penalties are not specified within the text. Given the critical nature of airworthiness directives, non-compliance could result in significant safety risks, leading to potential enforcement actions by CASA.
In the specific case of the Turbomeca Arriel series turboshaft engines, the European Aviation Safety Agency (EASA) issued AD 2006-0068 in 2006. CASA subsequently amended the Australian equivalent AD to Amendment 1, reflecting the changes in the European directive. This amendment, AD/ARRIEL/23 Amendment 1, became effective on 8 June 2006, replacing the previous version. The issuance of this AD was based on Australia's obligations under the Convention on International Civil Aviation and in response to the AD issued by the relevant State of Design, thereby bypassing the need for public consultation and a Regulatory Impact Statement.