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 2009-0118-CN affecting Turbomeca ASTAZOU III engines. France is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/ASTAZOU/5. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the original unsafe condition has been corrected by amendments to the engine type certificate data sheet.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for this purpose, with the overarching aim of protecting public safety in the air. In line with these objectives, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and enforce specific safety standards. Section 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly as stipulated under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In the specific case of the AD issued under this regulation, CASA has exercised its authority to cancel an existing Australian AD concerning Turbomeca ASTAZOU III engines following an assessment of a corresponding directive issued by the European Aviation Safety Agency (EASA). This action was taken without public consultation, as mandated by Australia's international obligations and the nature of the directive, and it has been determined that no Regulatory Impact Statement is required for this cancellation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness in Australia and applies to all aircraft registered in Australia and their operators. Under section 98 of the Act, the Governor-General has the authority to issue regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and must comply with the Legislative Instruments Act 2003. The ADs are essential for ensuring the continuing airworthiness of aircraft, with the State of Design bearing the overall responsibility for an aircraft type, and the State of Registry tasked with implementing the necessary requirements to maintain airworthiness. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design. The ADs are in line with the requirements of Annex 8 to the Convention on International Civil Aviation, which mandates that ICAO Contracting States issue continuing airworthiness information.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These ADs are issued to address safety concerns and ensure the continuing airworthiness of aircraft. Furthermore, subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments in accordance with the Legislative Instruments Act 2003. This legal framework ensures that ADs hold the same standing as formal regulations, thereby enforcing their authority and necessity within the aviation safety domain.
The Civil Aviation Act 1988, through section 98, supports the creation of these regulations by the Governor-General, highlighting the importance of safety in air navigation. This section is instrumental in enabling CASA to implement ADs that are necessary for maintaining the safety standards of aircraft. The obligations placed on CASA, as the national airworthiness authority, include the assessment and, when necessary, the issuance of Australian ADs that reflect the requirements of the State of Design. The State of Design, in this case, France for Turbomeca ASTAZOU III engines, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide all necessary information to support this role.
In the event of non-compliance with the ADs, there are significant legal consequences. While specific penalties are not detailed within the provided text, the authority to issue ADs is underpinned by the overarching legal framework of the Civil Aviation Act 1988. Failure to adhere to an AD can result in severe penalties, including fines and potential criminal charges, reflecting the critical nature of airworthiness directives in maintaining safety standards. CASA’s role in enforcing these directives is crucial in ensuring that all stakeholders comply with the established safety regulations, thereby protecting public safety in aviation.
The Civil Aviation Safety Regulations 1998 mandate that when a State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. This process underscores the collaborative nature of international aviation safety, where States of Design and States of Registry work together to uphold safety standards. The cancellation of Australian AD/ASTAZOU/5 in response to EASA’s AD 2009-0118-CN illustrates this cooperation and the dynamic nature of airworthiness directives as they evolve in response to new information and safety requirements.