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 2006-0237 affecting Turbomeca ARRIUS 2F series engines. The EASA is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/ARRIUS/11 Amendment 1 which will become effective on 30 August 2007. 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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the framework for regulating civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to maintain the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorising CASA to issue these directives for certain types of aircraft or aeronautical products. This legislative approach ensures that Australia complies with international standards and obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The policy objective is to harmonise Australian regulations with international standards, ensuring the safe operation of aircraft within and beyond Australian airspace.
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) for specific kinds of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft and are issued in compliance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires the State of Registry to adopt necessary measures to maintain airworthiness. CASA, as Australia's national airworthiness authority, assesses information from States of Design and issues equivalent ADs for aircraft registered in Australia. The ADs are legislative instruments and are issued without public consultation or a Regulatory Impact Statement, reflecting their technical nature and international alignment. This regulatory framework applies to all aircraft registered in Australia and is in effect nationwide, encompassing various types of aircraft and aeronautical products.
Key Provisions
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. These ADs serve as legislative instruments (39.001(5)), thereby requiring adherence in accordance with the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the same requirements domestically.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to ensure the continuing airworthiness of aircraft registered in Australia. This responsibility encompasses the assessment and implementation of ADs issued by the State of Design. For instance, EASA’s AD 2006-0237 concerning Turbomeca ARRIUS 2F series engines necessitated CASA to amend the corresponding Australian AD to AD/ARRIUS/11 Amendment 1, effective from 30 August 2007. This amendment replaces the previous version and mandates compliance with the updated safety requirements.
Entities governed by these regulations must comply with the ADs issued by CASA. This includes aircraft operators, maintenance organisations, and any other relevant stakeholders who must implement the specified safety measures and ensure their aircraft meet the prescribed standards. Such compliance is crucial for maintaining the safety of air navigation and is a legal obligation under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can be subject to penalties, including fines and potential criminal charges. The exact penalties depend on the severity and intent behind the non-compliance but can be significant, reflecting the critical importance of adhering to these safety directives. The regulatory framework ensures that all parties are aware of their obligations and the potential repercussions of failing to meet these standards.