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 has issued AD 2006-0068 affecting Turbomeca Arriel series 1 rotorcraft engines. France is the State of Design for Turbomeca engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/23, which will become effective on 8 June 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. Under this Act, the Governor-General has the authority to create regulations that support the Act's objectives, particularly focusing on the safety of air navigation. One significant regulation, issued under section 98 of the Act, is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The ADs are considered legislative instruments and are subject to disallowance by Parliament. The recent issuance of Australian AD/ARRIEL/23, in response to an airworthiness directive issued by France regarding Turbomeca Arriel series 1 rotorcraft engines, exemplifies how CASA, as Australia’s national airworthiness authority, implements these directives to uphold safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, provide the authority for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, and they are legislative instruments under Australian law. The Civil Aviation (Administrative Provisions) Regulations 1990 further detail the procedures for the issuance of ADs, which are intended to mandate requirements for the continuing airworthiness of aircraft. The ADs are issued by CASA, Australia’s national airworthiness authority, in response to airworthiness information from the State of Design, such as France for Turbomeca Arriel series 1 rotorcraft engines. The ADs are also issued in accordance with international obligations under the Convention on International Civil Aviation, ensuring alignment with global standards. The application of these directives is typically in response to identified safety concerns and does not require public consultation or a Regulatory Impact Statement. This legislative framework ensures that aircraft and aeronautical products meet the necessary safety standards and continue to be airworthy throughout their operational life.
Key Provisions
The Civil Aviation Act 1988, and the subsequent Civil Aviation Safety Regulations 1998, establish the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the State of Design, such as France for Turbomeca Arriel series 1 rotorcraft engines, has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the airworthiness of a type to the appropriate States of Registry. The State of Registry, in this case, CASA, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of individual aircraft is maintained, adhering to the standards set by the State of Design.
In the case of AD 2006-0068 issued by the European EASA concerning Turbomeca Arriel series 1 rotorcraft engines, CASA has assessed the AD and issued Australian AD/ARRIEL/23, which will come into effect on 8 June 2006. Given that this AD is issued in response to an AD raised by the relevant State of Design and is in line with Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has been required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties. The Act provides for maximum fines that can be imposed for breaches, which may include substantial financial penalties. In addition to civil penalties, non-compliance with an AD could result in criminal charges, especially if the non-compliance leads to an aviation accident or incident. Such criminal consequences can include imprisonment, reflecting the seriousness of ensuring the continuing airworthiness of aircraft. These provisions underscore the critical importance of adhering to ADs to maintain the safety and reliability of air navigation.