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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/ARRIEL/34 affecting Turbomeca Arriel turbine engines. The EASA issued AD 2009-0245-E on 10 November 2009 which supersedes the requirements of AD/ARRIEL/34 and as such this AD has been cancelled. The EASA acts on behalf of France, the state of design for these engines. The cancellation will become effective on 24 November 2009.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia’s national airworthiness authority, must assess and implement any relevant ADs issued by the State of Design, ensuring compliance with international protocols and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards. These directives apply to all aircraft registered in Australia and are issued to mandate the continuing airworthiness of aircraft types, reflecting the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for the Turbomeca Arriel turbine engines, has the primary responsibility for issuing initial ADs, while the State of Registry, represented by CASA in Australia, is tasked with assessing and enforcing these directives domestically. ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901, though they are not subject to public consultation or a Regulatory Impact Statement according to the Office of Best Practice Regulation. The AD cancellation process, as exemplified by the withdrawal of AD/ARRIEL/34 in favour of EASA’s AD 2009-0245-E, is executed by CASA in accordance with the provisions of the Civil Aviation Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework through which airworthiness directives (ADs) are issued and managed. Section 98 of the Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Moreover, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and they are considered legislative instruments according to the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft types and are issued by the State of Design, with the State of Registry responsible for implementing these directives.
The obligations imposed by these provisions require the State of Design to provide essential information to maintain the airworthiness of aircraft types. CASA, as the national airworthiness authority, must assess this information and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This process ensures that aircraft registered in Australia comply with international safety standards. When an AD is issued by the State of Design, such as the European Union Aviation Safety Agency (EASA) in the case of the Turbomeca Arriel turbine engines, CASA must evaluate the directive and determine whether to issue a corresponding Australian AD. Additionally, CASA must communicate any changes or cancellations of ADs to relevant stakeholders to maintain transparency and compliance.
Failure to comply with ADs can lead to severe consequences, including potential criminal or civil penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines or imprisonment for individuals, and financial penalties for corporations. The specific penalties are determined by the severity of the breach and the potential risk posed to aviation safety. Furthermore, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, to mitigate any safety risks.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and enforcement of airworthiness directives, ensuring that aircraft remain safe and airworthy. The obligations placed on CASA and other relevant authorities ensure that these directives are effectively communicated and implemented. Breaches of these requirements can result in significant penalties, underscoring the importance of compliance with ADs to maintain the highest safety standards in aviation.