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 2007-0085, affecting Turbomeca Arriel 2B1 model engines, in 2007. The EASA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD, deleting the requirement to accomplish the AD at the next 100 hourly inspection. The amended AD, AD/ARRIEL/26 Amendment 1, will become effective on 18 April 2007. 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 Commonwealth Parliament, aims to provide for the regulation of civil aviation safety, including the safety of air navigation. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, which is further specified in the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in the Legislative Instruments Act 2003. The issuance of ADs is a crucial mechanism for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing international ADs and issuing equivalent Australian ADs when necessary.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the safety of air navigation and are legally binding once issued. The Act applies to all entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance service providers. ADs can extend their reach to all aircraft registered in Australia, regardless of their location within the country, thereby ensuring compliance with national and international safety standards. Although ADs are legislative instruments, they are subject to disallowance under the Acts Interpretation Act 1901 and are subject to the requirements of the Legislative Instruments Act 2003. The ADs are issued under Australia's obligations under the Convention on International Civil Aviation, ensuring alignment with global standards. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, grants the Governor-General the authority to create regulations in the interest of air navigation safety. This broad legislative power allows for the creation of specific safety measures, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are formal instructions issued to ensure that aircraft and aeronautical products meet continuing airworthiness standards. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both the State of Design and the State of Registry. The State of Design, in this case the European Aviation Safety Agency (EASA), is responsible for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. The State of Registry, represented in Australia by the Civil Aviation Safety Authority (CASA), must then develop or adopt requirements to ensure that individual aircraft meet continuing airworthiness standards. When an AD is issued by a State of Design, CASA is obligated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions by CASA, including fines and penalties. The specific penalties for non-compliance are not detailed in the Civil Aviation Act 1988 but can be inferred from other relevant aviation regulations and legislative frameworks, which typically include significant fines and potential criminal charges for severe breaches. CASA has the authority to take enforcement actions against operators and individuals who fail to comply with ADs, which can include grounding of aircraft, suspension of certificates, and in severe cases, prosecution.