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 2009-0112R1 affecting Turboméca S.A. Arriel 1 and 2 series engines. France is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/ARRIEL/32 Amendment 2. The amended AD will become effective on 14 August 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue such directives for specific types of aircraft or aeronautical products. The policy objective underpinning these provisions is to ensure that aircraft operating in Australia meet international safety standards, thereby enhancing the safety of air navigation. In the context of international obligations under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and CASA, as the national airworthiness authority, is tasked with issuing corresponding directives to enforce these standards within Australia.
The issuing of airworthiness directives is a critical mechanism for maintaining the safety of aircraft in operation, and they are typically issued in response to identified safety issues or to align with directives from other States of Design. For instance, in the case of the Turboméca S.A. Arriel 1 and 2 series engines, an airworthiness directive issued by the European Aviation Safety Agency (EASA) necessitated CASA to amend its corresponding Australian directive. This process ensures that Australian-registered aircraft meet international safety standards, reflecting Australia's commitment to harmonised global aviation safety practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901, and their issuance is guided by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs to comply with international obligations when a State of Design issues an AD for aircraft on the Australian Register. This process ensures alignment with international standards and the maintenance of safety in air navigation. The ADs are not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and the requirements of the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 lay the groundwork for the issuance of airworthiness directives (ADs), as per section 98 (Civil Aviation Act 1988) and regulation 39.001 (Civil Aviation Safety Regulations 1998). These ADs, which are legislative instruments, are designed to ensure the safety of air navigation by mandating certain requirements for aircraft and aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 underscores that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means they are subject to parliamentary scrutiny and must comply with the requirements of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure the aircraft's airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement requirements to maintain this airworthiness. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must issue Australian ADs when necessary to align with directives from the State of Design. For instance, CASA issued Australian AD/ARRIEL/32 Amendment 2 following the European Aviation Safety Agency’s AD 2009-0112R1 concerning Turboméca S.A. Arriel 1 and 2 series engines, which are designed in France.
CASA’s role in issuing these ADs is pivotal, especially when they are a direct response to international obligations or directives from the State of Design. In such cases, CASA evaluates the information provided and issues corresponding ADs to mandate the required safety measures. For example, the AD/ARRIEL/32 Amendment 2, effective from 14 August 2009, cancels and replaces the previous issue, reflecting the latest safety requirements. Given the international nature of these ADs and their basis in convention obligations, CASA does not undertake public consultation, and the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement.
The issuance of ADs is a formal process overseen by CASA. Specifically, the AD/ARRIEL/32 Amendment 2 was made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA. This action is in accordance with subsection 84A(2) of the Act, ensuring the directive is appropriately authorised and implemented. These ADs carry significant weight and are critical for maintaining the safety standards of aviation in Australia and internationally.