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 2009-0017 affecting Turbomeca MAKILA 2A series engines. France is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/MAKILA/10. The cancellation will become effective on 9 April 2009. This AD has been superseded by AD/MAKILA/11.
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, enacted by the Commonwealth Parliament, serves to provide a regulatory framework for ensuring the safety and efficiency of civil aviation within Australia. This legislation was introduced to address the need for a cohesive set of laws governing air navigation, aircraft operations, and the safety standards that must be met by all entities involved in civil aviation. Under the authority granted by section 98 of the Act, the Governor-General has the power to make regulations that further the objectives of the Act, particularly in relation to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made pursuant to the Act, include provisions that empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of ADs is intended to ensure the continuing airworthiness of aircraft and is a critical tool in maintaining the high safety standards required by both national and international aviation regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for particular types of aircraft or aeronautical products. An AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory mechanism is integral to ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia’s national authority, must implement necessary measures to maintain airworthiness. In the instance of the EASA issuing AD 2009-0017 for Turbomeca MAKILA 2A series engines, CASA has assessed and cancelled the existing Australian AD/MAKILA/10, effective from 9 April 2009, in response to the AD issued by the relevant State of Design, France. This action reflects the international obligations under the Convention and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, detailed under subregulation 39.001(5), are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft types, a responsibility that lies with the State of Design under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. When the State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements.
Under these regulations, CASA is obligated to assess ADs issued by the State of Design and determine whether they need to be implemented in Australia. This involves ensuring that the ADs align with Australia's regulatory framework and safety standards. For example, when the European Union Aviation Safety Agency (EASA) issued AD 2009-0017 concerning Turbomeca MAKILA 2A series engines, CASA evaluated this directive and subsequently cancelled Australian AD/MAKILA/10, which was superseded by AD/MAKILA/11. This cancellation was a direct response to the international AD issued by the State of Design, France. Given these circumstances, there was no need for public consultation or the preparation of a Regulatory Impact Statement as mandated by the Office of Regulatory Review.
In the case of breaches or non-compliance with the airworthiness directives, the Civil Aviation Safety Regulations 1998 provide for both civil and criminal consequences. Penalties for non-compliance can be substantial, with maximum fines and imprisonment for individuals and corporations found guilty of disregarding ADs. These consequences underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation. CASA enforces these regulations rigorously to ensure that all aircraft operating within Australia meet the required safety standards, thereby protecting both the public and the aviation industry.