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 French DGAC has issued AD F-2005-143R1 affecting Turbomeca Arrius 2F engines. France is the State of Design for this engine. CASA has assessed this AD and has issued Australian AD/ARRIUS/11 which will become effective on 27 October 2005.
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 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. This legislation grants the Governor-General the authority to make regulations under section 98 to enhance the safety of air navigation. In particular, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The Civil Aviation Safety Regulations 1998, which detail the process for issuing ADs, are designed to align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This ensures that Australia's regulatory framework for airworthiness is consistent with global practices, thereby facilitating international cooperation in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. This regulatory action is taken to ensure the safety of air navigation in alignment with the overarching objectives of the Civil Aviation Act 1988. As per subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. The issuance of these directives falls within the jurisdiction of Australia’s national airworthiness authority, CASA, which is tasked with the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia. The application of these directives extends to entities and individuals operating or maintaining aircraft within Australia, with a specific focus on those involved with the affected aircraft types or aeronautical products. While the ADs are mandated by international obligations under the Convention on International Civil Aviation, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are a critical tool for maintaining the safety and airworthiness of aircraft.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, and must furnish any necessary information to ensure the continued airworthiness of the aircraft to the appropriate States of Registry. ADs are the most prevalent form of continuing airworthiness information, and are issued by most ICAO Contracting States. The State of Registry of an individual aircraft is tasked with ensuring the continuing airworthiness of that aircraft. In accordance with 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 evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
The French DGAC has issued AD F-2005-143R1, which pertains to Turbomeca Arrius 2F engines. France is the State of Design for this engine. CASA has reviewed this AD and has issued Australian AD/ARRIUS/11, which will take effect on 27 October 2005. As this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation, and because it responds to an AD issued by the relevant State of Design, no consultation of the Australian public has occurred regarding this AD. The Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. This AD was made by the 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.
The Civil Aviation Safety Regulations 1998 impose obligations on the parties and entities it governs, particularly with respect to compliance with ADs. Operators of affected aircraft must adhere to the requirements outlined in the ADs issued by CASA. Failure to comply with these directives can result in serious safety risks, as ADs are designed to address potential safety issues identified with specific aircraft or aeronautical products. CASA must ensure that the ADs issued are based on sound safety assessments and are necessary to maintain the airworthiness of aircraft. Additionally, the State of Registry must establish and enforce compliance with ADs to ensure that the aircraft within their jurisdiction remain airworthy. Non-compliance with ADs can lead to severe consequences, including grounding of aircraft, suspension of airworthiness certificates, and potential criminal charges for operators who knowingly fail to comply with safety regulations.
Under the Civil Aviation Safety Regulations 1998, there are significant consequences for breach of ADs. Non-compliance with an airworthiness directive can result in serious penalties. For instance, CASA may issue a Notice of Proposed Civil Penalty, leading to fines that can be substantial, depending on the severity of the violation. In more severe cases, individuals or entities found guilty of breaching ADs can face criminal charges. The maximum penalties for breaches of ADs include fines up to $1.1 million for corporations and up to $220,000 for individuals, along with potential imprisonment terms. The seriousness of these penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australia.