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 2009-0010 affecting Turboméca Arriel series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/30, which will become effective on 12 March 2009.
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 provide for the regulation of civil aviation in Australia and to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These directives are legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework for issuing ADs. The objective of these regulations is to align with international standards set by the Convention on International Civil Aviation, ensuring that aircraft registered in Australia meet necessary safety and airworthiness standards. This is crucial for maintaining the safety of air navigation and ensuring compliance with international obligations. The issuance of ADs by the Civil Aviation Safety Authority (CASA) is in response to directives from the State of Design or in accordance with international agreements, and it does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments as per the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with Australia's international obligations under Annex 8 of the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and mandates the State of Registry to ensure compliance. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when a State of Design issues an AD against a type of aircraft registered in Australia. For instance, CASA issued Australian AD/ARRIEL/30 in response to the European Aviation Safety Agency's AD 2009-0010 concerning Turboméca Arriel series engines, designed by France. The AD is effective from 12 March 2009 and has been issued without public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. An AD mandates specific actions or requirements to ensure the continuing airworthiness of an aircraft type, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for an aircraft type's airworthiness.
The obligations imposed by this legislation on the parties involved are significant. The State of Design, such as France for the Turboméca Arriel series engines, must provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to mandate the requirements of the State of Design. For instance, CASA has issued Australian AD/ARRIEL/30 in response to the AD 2009-0010 issued by the European Aviation Safety Agency (EASA) for the Turboméca Arriel series engines.
Breaching the requirements set forth in an airworthiness directive can have serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs; however, non-compliance can result in severe civil or criminal consequences. Civil penalties might include fines or other financial penalties, while criminal penalties could involve imprisonment or both. The severity of these penalties can vary based on the nature and extent of the non-compliance, but they are designed to ensure that aircraft remain airworthy and safe for operation. The authority to enforce these penalties is vested in CASA, which can take action against individuals or entities that fail to comply with the mandated ADs.