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 2007-0057 affecting Turbomeca ARRIUS engines. EASA is the State of Design for these engines. CASA has noted an error in the Australian AD and has amended the AD to correct that error. The amended AD, AD/ARRIUS/13 Amendment 2 will become effective on 7 June 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 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 establish a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act provides the legal foundation for the issuance of regulations and directives that govern the operation of aircraft within Australian airspace. One such regulation is the Civil Aviation Safety Regulations 1998, which was established to further delineate the safety standards and operational requirements for civil aviation activities. The problem or gap this legislation addresses includes ensuring that aircraft remain airworthy and comply with international standards set by the Convention on International Civil Aviation. The Australian Parliament is the enacting body responsible for the legislation. The policy objective is to maintain and enhance the safety of civil aviation in Australia, in line with international obligations and standards.
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, with these ADs being legislative instruments under section 46A of the Acts Interpretation Act 1901. These directives are crucial for ensuring the continuing airworthiness of aircraft and are mandated under Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to actions taken by the State of Design, which holds the responsibility for the airworthiness of an aircraft type. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process was exemplified when CASA issued and subsequently amended AD/ARRIUS/13 Amendment 2 for Turbomeca ARRIUS engines, correcting an error in the original AD. The issuance of this AD did not require public consultation or a Regulatory Impact Statement, and it was made by the Manager, New Technologies and Systems, on behalf of CASA in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations 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 types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments, and therefore, legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives play a crucial role in maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation, where the State of Design assumes the responsibility for providing necessary information to the States of Registry to ensure the safety and airworthiness of aircraft types.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the Act include the responsibility of the State of Design to provide essential information to States of Registry to ensure the continuing airworthiness of aircraft types. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, such as the one by the European Union Aviation Safety Agency (EASA) affecting Turbomeca ARRIUS engines, CASA is mandated to assess this information and, if necessary, issue an Australian AD to implement the requirements set forth by the State of Design. This ensures that all aircraft operating under Australian registration adhere to the safety standards set by the relevant design authority.
Failure to comply with airworthiness directives can result in severe consequences. Section 91 of the Civil Aviation Act 1988 provides that failure to comply with an airworthiness directive is an offence, which can lead to substantial penalties. For corporations, the maximum penalty includes fines of up to $210,000 as per section 14 of the Act. Additionally, individuals who contravene the provisions of an AD may face personal penalties, including fines and imprisonment. CASA has the authority to enforce these regulations and take appropriate action against non-compliance, thereby ensuring that the airworthiness and safety standards are consistently upheld across the aviation industry in Australia.