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 2008-0170 affecting Turbomeca ARRIUS 2F series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/17, which will become effective on
18 December 2008.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. One of the key provisions of this Act is the authority for the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework addresses the need for a cohesive approach to maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives serve as critical tools in ensuring compliance with international obligations and maintaining the safety standards required by the State of Registry and State of Design.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia, with particular focus on the issuance of airworthiness directives (ADs). Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations in the interests of safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance and are aligned with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that these international directives are appropriately assessed and, if necessary, adopted as Australian ADs. This ensures compliance with international obligations while maintaining local safety standards. The issuance of ADs such as AD/ARRIUS/17 in response to AD 2008-0170 from the European Aviation Safety Agency (EASA) is a direct result of these obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety and airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to create regulations for air navigation safety, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument, as defined by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. These directives serve as a means to ensure the continuing airworthiness of aircraft types, mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to enforce the requirements specified by the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act on ADs issued by the State of Design. When an AD is issued by the State of Design, such as the European Union Aviation Safety Agency (EASA) for Turbomeca ARRIUS 2F series engines, CASA must evaluate the information and issue an Australian AD if appropriate. The AD mandates specific requirements to maintain the airworthiness of the affected aircraft or aeronautical products. The State of Registry, in this case Australia, must ensure the continuing airworthiness of the aircraft registered within its jurisdiction, adopting and enforcing the requirements stipulated in the AD.
Breach of the requirements set out in an AD can lead to significant legal consequences. Failure to comply with an AD can result in a range of civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to fines and potential criminal charges, with the severity of the penalties depending on the nature and extent of the breach. The maximum penalties for serious breaches can be substantial, reflecting the critical importance of maintaining airworthiness standards to ensure public safety. CASA has the authority to enforce these directives and take action against non-compliance, ensuring that all aircraft meet the required safety standards.