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 2009-0184 affecting Turboméca S.A ARRIEL 2B, 2B1 and 2B1A turboshaft engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/35, which will become effective on 22 October 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, New Technology and Regulatory Trends, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continued airworthiness of aircraft. One of the key provisions of this Act is the authority granted to the Governor-General to make regulations that safeguard air navigation. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to provide a framework for ensuring the safety of air navigation. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that mandate corrective actions to maintain the airworthiness of aircraft, ensuring they meet safety standards set by international conventions and national regulations.
In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD for a type of aircraft, CASA must assess this information and, if necessary, issue an Australian AD to enforce the required safety measures. This process ensures that Australian-registered aircraft meet international safety standards, thereby maintaining the high level of safety in Australia’s civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with the broader objective of the Civil Aviation Act 1988 to ensure the safety of air navigation. This regulatory framework mandates CASA to evaluate and, where necessary, issue Australian ADs in response to ADs issued by the State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. This ensures compliance with international standards and facilitates the harmonisation of airworthiness regulations across contracting states. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and they are issued without public consultation due to their alignment with international obligations. The issuance of ADs, such as AD/ARRIEL/35 affecting Turboméca S.A ARRIEL 2B, 2B1, and 2B1A turboshaft engines, is a direct consequence of Australia's commitment to international civil aviation agreements, thereby reinforcing the safety and uniformity of airworthiness standards across the nation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that are in the interest of air navigation safety. 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. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to carefully assess any airworthiness directives issued by the State of Design of a particular aircraft type. This responsibility is grounded in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall duty for ensuring the continuing airworthiness of an aircraft type, and mandates the provision of necessary information to States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the ongoing airworthiness of aircraft. When CASA, as Australia’s national airworthiness authority, receives an AD from the State of Design, it must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements.
Non-compliance with an Australian AD can lead to significant consequences. Under the Civil Aviation Act 1988, an unauthorised person who contravenes a regulation can be liable for penalties. Section 349 of the Act outlines that a person who commits such an offence may be fined up to 200 penalty units, or in the case of a continuing failure to comply, up to 50 penalty units for each day the failure continues. These provisions underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in Australian civil aviation.