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 EASA issued AD 2009-091 affecting Turboméca S.A. ARRIEL 2 series engines. France is the State of Design for these engines. As a result, CASA has amended the equivalent Australian AD to AD/ARRIEL/24 Amendment 2 which will become effective on 2 July 2009. 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, Systems and New Technologies in the Airworthiness Engineering Group, 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 to provide a regulatory framework governing civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The ADs serve as a critical mechanism for disseminating necessary safety information across different states and ensuring that Australian aircraft meet international safety standards. The issuing of ADs is a direct response to safety concerns identified by the State of Design and is implemented by CASA to mandate compliance with safety requirements within the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments, in accordance with section 46A of the Acts Interpretation Act 1901, and are subject to disallowance under section 6 of the Legislative Instruments Act 2003. This AD applies to all aircraft operators and owners of aircraft registered in Australia, ensuring they comply with the necessary airworthiness requirements. Geographically, the AD's reach extends nationally within Australia, as CASA, the national airworthiness authority, is responsible for enforcing these regulations. The AD applies to all aircraft and aeronautical products registered in Australia that fall under the scope of the AD issued by the relevant State of Design, in this case, France for Turboméca S.A. ARRIEL 2 series engines. There are no stated exclusions or exemptions within the AD, and it does not impose any specific thresholds. The AD's application may be extended or restricted through subordinate instruments, which could include further amendments or clarifications as required.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the purposes of the Act, specifically for the safety of air navigation. This regulation-making power is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legal instruments, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Furthermore, according to section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument.
Under these provisions, CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design, which, in the case of Turboméca S.A. ARRIEL 2 series engines, is France. The State of Design has the responsibility, under Annex 8 to the Convention on International Civil Aviation, to provide necessary information to ensure the continuing airworthiness of aircraft types. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to implement the requirements of the State of Design. This process ensures that Australian aircraft comply with international safety standards.
The obligations imposed by these regulations include CASA's duty to assess and, if appropriate, issue ADs that align with international directives. The State of Registry, in this case, Australia, must ensure the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet these obligations. The AD issued by CASA for the Turboméca S.A. ARRIEL 2 series engines is a direct response to the AD 2009-091 issued by the European Aviation Safety Agency (EASA). This Australian AD, AD/ARRIEL/24 Amendment 2, cancels and replaces previous requirements and will take effect on 2 July 2009.
Failure to comply with the ADs could result in serious safety violations and potential legal consequences. Although the AD in question was issued due to Australia's international obligations and without public consultation, it is still subject to disallowance and regulatory scrutiny. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act. The legislative framework thus ensures that CASA can swiftly implement necessary safety measures without the delay of extensive public consultation processes.