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-2005-159 affecting Turbomeca ARRIUS 2 series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/12 which will become effective on 24 November 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, enacted by the Commonwealth Parliament, establishes the legislative framework for ensuring the safety of air navigation within Australia. As part of this framework, the Act allows for the creation of regulations that are essential for maintaining safety standards in the aviation sector. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the ongoing airworthiness of aircraft, aligning with the overarching international obligations under the Convention on International Civil Aviation. The policy objective of the Act and its associated regulations is to safeguard the safety of air navigation by providing clear, enforceable standards that are consistent with international best practices.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, ensuring these meet specific safety standards. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to scrutiny as per the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. In the case of foreign ADs, such as the French DGAC's AD F-2005-159 concerning Turbomeca ARRIUS 2 series engines, CASA must assess and, if necessary, issue corresponding Australian ADs, as seen with the Australian AD/ARRIUS/12. These actions are conducted without public consultation and are deemed not to require a Regulatory Impact Statement. The ADs are drafted by authorised personnel within CASA, such as the Manager, New Technologies and Systems, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments, they are subject to the provisions of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the accompanying regulations on parties and entities, particularly CASA, include the responsibility to issue ADs when a State of Design, such as France, issues an AD for aircraft or aeronautical products registered in Australia. CASA must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards, thereby maintaining the overall safety of air navigation.
The Civil Aviation Act 1988 and associated regulations also outline the consequences for non-compliance with ADs. Although specific penalties are not detailed in the provided text, non-compliance with ADs can lead to severe civil or criminal consequences. Given that ADs are integral to the continuing airworthiness of aircraft, failure to comply with these directives could result in serious safety issues, potentially leading to accidents or incidents. Therefore, adherence to ADs is crucial for the safety of air navigation, and any breach could be subject to penalties as prescribed under relevant aviation laws.