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 Aviation Safety Authority (EASA) has issued AD 2008-0014 affecting Turbomeca Arriel 1 turboshaft engines. EASA acts on behalf of France, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/ARRIEL/28, which will become effective on 10 April 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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 as the foundational legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments used to mandate requirements for the continuing airworthiness of aircraft, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives, often in response to corresponding directives from the State of Design, to ensure compliance and safety within the Australian aviation sector. This legislative approach addresses the need for a coordinated and internationally consistent approach to aircraft safety, ensuring that Australian aviation standards are in line with global practices.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, governed by the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and aeronautical products, thereby maintaining safety in air navigation as mandated by international standards. Under these regulations, CASA is obligated to assess and, if necessary, issue Australian ADs that reflect the requirements set forth by the State of Design, particularly when such states issue directives that affect aircraft registered in Australia. This legislative framework is designed to uphold the international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for airworthiness on the State of Design and the State of Registry. Notably, the issuance of ADs such as AD/ARRIEL/28, responding to EASA’s AD 2008-0014 concerning Turbomeca Arriel 1 turboshaft engines, is made without public consultation due to the international mandate and is deemed not to require a Regulatory Impact Statement. This AD, effective from 10 April 2008, is a legislative instrument created under the authority vested in CASA by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001). An AD is a legislative instrument, as outlined in section 6 of the Legislative Instruments Act 2003, and is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (39.001(5)). These directives are integral to ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements (section 98). This obligation is further reinforced by Annex 8, which places the responsibility for the continuing airworthiness of an individual aircraft on the State of Registry. Consequently, when an AD is issued by the State of Design, CASA must review the information and issue a relevant AD for aircraft registered in Australia.
Failure to comply with the requirements of an AD can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, any person who fails to comply with an AD may face legal penalties, including fines and potential imprisonment. The severity of the penalties reflects the importance of adhering to airworthiness directives to maintain safety standards in aviation.
The issuing of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This is particularly pertinent when an AD is issued in response to an international directive, as in the case of AD 2008-0014 from the European Aviation Safety Authority (EASA) concerning Turbomeca Arriel 1 turboshaft engines. CASA issued Australian AD/ARRIEL/28 in accordance with its statutory powers, ensuring that the necessary safety measures are implemented without delay.