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 2009-0112 affecting Turboméca S.A. ARRIEL 1 and 2 series engines. France is the State of Design for these engines. As a result, CASA has amended the equivalent Australian AD to AD/ARRIEL/32 Amendment 1 which will become effective on 1 June 2009. 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, 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 Australian Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations to uphold the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for CASA to issue airworthiness directives (ADs) for aircraft and aeronautical products, thus ensuring adherence to international safety standards. The introduction of ADs serves to address gaps in maintaining the continuing airworthiness of aircraft as mandated by international conventions such as the Convention on International Civil Aviation. The objective of this regulation is to align Australian aviation safety practices with global standards, ensuring consistency and safety in the operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as a legislative instrument, to ensure the safety of air navigation. This authority extends to mandating requirements for continuing airworthiness of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. The application of these regulations applies to aircraft and aeronautical products registered within Australia and operated by any person or entity. Geographically, these regulations cover the Commonwealth of Australia, with CASA acting as the national airworthiness authority. Exemptions or exclusions from these regulations are not explicitly detailed in the provided text, but they are subject to international airworthiness standards and national safety requirements. The application of these regulations may also be extended or restricted through subordinate instruments, as per the legislative framework.
Key Provisions
The main operative sections of this legislation revolve around the issuance and implementation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 39.001(5) clarifies that an AD is a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament. This legislative instrument is critical in maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards.
The obligations imposed by this Act on CASA and other entities are significant. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and determine whether they need to be implemented in Australia. When a State of Design issues an AD, CASA must review it and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards and conventions. This process underscores the importance of international cooperation in aviation safety.
In terms of enforcement, breaches of ADs can lead to significant consequences. While the Civil Aviation Act 1988 and associated regulations do not explicitly detail specific penalties for non-compliance with ADs, general aviation regulations outline severe penalties for violations. For instance, operating an aircraft that does not comply with an AD can result in civil penalties, including fines, and criminal charges, with maximum penalties varying depending on the severity of the violation. Such penalties serve as a deterrent to ensure adherence to safety standards.
Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft or imposing operational restrictions. These measures are critical to maintaining the high safety standards required in the aviation industry. The potential for both civil and criminal consequences ensures that ADs are taken seriously by all parties involved, from aircraft operators to manufacturers. This comprehensive approach helps to safeguard the integrity of the aviation system and protect public safety.