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 has issued AD 2007-0006 affecting Turbomeca Arriel engines. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ARRIEL/24 which will become effective on 23 January 2007.
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 regulate and ensure the safety of civil aviation within Australia, providing a legal framework for the operation of aircraft and the administration of aviation safety standards. One of the mechanisms through which the Act achieves this is by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate specific safety measures for types of aircraft or aeronautical products, and are designed to address issues that may affect the continuing airworthiness of aircraft. The authority to issue ADs stems from the overarching responsibility of the State of Design for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. This means that when a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and must be assessed and, if appropriate, adopted by CASA to maintain the continuing airworthiness of aircraft registered in Australia. The process involves the State of Design, typically the manufacturer, issuing an AD, which CASA then reviews and may convert into an Australian AD. For example, the European Aviation Safety Agency (EASA) issued AD 2007-0006 concerning Turbomeca Arriel engines, which CASA has adopted as Australian AD/ARRIEL/24. This AD is a direct response to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Registry, in this case CASA, ensure the continuing airworthiness of aircraft registered within its jurisdiction. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is made by authorised CASA personnel in accordance with the Act, reflecting the international nature of aviation safety and regulatory cooperation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) clarifies that an AD is a disallowable instrument, and thus a legislative instrument under the Legislative Instruments Act 2003. These regulations are essential in maintaining the safety and airworthiness of aircraft operating in Australian airspace.
The obligations imposed by the Act and regulations primarily focus on ensuring the safety and continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft type is designed) has the overarching responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to States of Registry (countries where the aircraft is registered) to ensure airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure that individual aircraft are airworthy. CASA, as Australia's national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
In the context of the example provided, the European Union Aviation Safety Agency (EASA) issued AD 2007-0006 concerning Turbomeca Arriel engines. As EASA is the State of Design for this engine type, CASA assessed the AD and issued Australian AD/ARRIEL/24, effective from 23 January 2007. Given the nature of these ADs, no consultation with the Australian public was required, and the Office of Regulatory Review has determined that such directives 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 Act.
The Civil Aviation Safety Regulations 1998 also outline the consequences of non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is understood that failure to comply with an AD could lead to serious safety risks. Non-compliance may result in aircraft being grounded, which could have significant operational and financial implications for operators. In more severe cases, non-compliance could lead to enforcement actions by CASA, which might include fines or other legal penalties. The exact penalties are not specified in the text but would typically be commensurate with the severity and impact of the non-compliance on aviation safety.