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 2009-0002 affecting Turbomeca Arriel series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/31, 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, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for regulating the airworthiness of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, designed to address safety concerns identified in aircraft types or aeronautical products. These directives are issued in compliance with international standards set forth in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In line with these international obligations, CASA assesses and issues corresponding Australian ADs when required, ensuring alignment with the directives issued by other countries. This approach underscores the collaborative nature of international aviation safety efforts and the critical role of ADs in maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for particular types of aircraft or aeronautical products to ensure the safety of air navigation, as outlined in section 98 of the Act and regulation 39.001 of the Regulations. These ADs are legislative instruments subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as stipulated by international standards under Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France for Turbomeca Arriel series engines, holds primary responsibility for issuing ADs, and the State of Registry, in this case, CASA, must assess and, if necessary, issue corresponding ADs to enforce the safety measures in Australia. Given the international nature and specific technical requirements of ADs, they do not generally require public consultation or a Regulatory Impact Statement. Instead, CASA issues these directives under the authority of the Act, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are mandated to ensure the continuing safety of air navigation, as outlined in section 98 of the Civil Aviation Act 1988. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is also recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives impose specific obligations on both the State of Design and the State of Registry of aircraft. The State of Design, such as France in the case of the Turbomeca Arriel series engines, has the responsibility to provide necessary information to ensure the airworthiness of an aircraft type, aligning with Annex 8 to the Convention on International Civil Aviation. Upon receiving such information, the State of Registry, represented by CASA in Australia, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft within the Australian Register maintain their airworthiness.
Failure to comply with the requirements set out in an AD may lead to various civil or criminal consequences. For example, if an operator does not adhere to an AD, they could be subject to enforcement actions by CASA. The Civil Aviation Act 1988 includes provisions that permit CASA to take steps such as grounding non-compliant aircraft, imposing fines, or taking legal action against operators who fail to comply with ADs. While the specific penalties are not detailed in the provided text, it is known that penalties for non-compliance can be substantial, reflecting the serious nature of airworthiness issues. CASA’s role in enforcing compliance with ADs is crucial in maintaining the high safety standards required in civil aviation.