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 2009-0117-E affecting Turboméca Arriel 1 series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/34, which will become effective on 5 June 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 establish a regulatory framework for civil aviation in Australia, with the overarching goal of ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that align with the Act's safety objectives, and it mandates that these regulations be consistent with Australia's international obligations, particularly those outlined in the Convention on International Civil Aviation. The Act's approach is rooted in the principle that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. This legislative framework facilitates the issuance of airworthiness directives, which are essential for maintaining safety standards in line with international protocols. The Civil Aviation Safety Regulations 1998 further delineate the mechanisms by which airworthiness directives are issued and enforced within Australia, reflecting the country's commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs are legislative instruments under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing international ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to comply with international obligations and to ensure the safety of aircraft registered in Australia. This regulatory process does not require public consultation or a Regulatory Impact Statement, as it is grounded in international agreements and CASA's duty to uphold air safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that are intended to safeguard the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument, thereby categorising it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives serve as essential tools for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring they meet safety standards.
The obligations imposed by the Act on the parties and entities it governs include adherence to the airworthiness directives issued by CASA. Specifically, the State of Design, which in this case is France for Turboméca Arriel 1 series engines, has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information to maintain the continuing airworthiness of an aircraft type. The State of Registry, which in this context is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft, and CASA must assess the information provided by the State of Design and issue an Australian AD if appropriate. This collaborative process ensures that all stakeholders are aligned with international safety standards.
Failure to comply with the airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, any breach of the regulations can lead to civil penalties. The specific penalties can vary, but they may include fines and, in severe cases, the grounding of the affected aircraft until compliance is achieved. Additionally, any person found guilty of an offence under the Act may face criminal charges, which could result in further penalties such as imprisonment. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives to ensure the safety of air navigation.