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 European Aviation Safety Authority (EASA) has issued AD 2007-0298 affecting Turbomeca Makila series engines. EASA acts on behalf of France, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/MAKILA/10, which will become effective on 13 March 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified approach to the safety, efficiency, and orderly development of aviation. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, which includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, designed to ensure the continuing airworthiness of aircraft as per international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Act places responsibility on the State of Registry, such as CASA for Australia, to implement ADs issued by the State of Design to maintain compliance with international obligations and ensure aviation safety. The issuing of ADs is a direct response to the international regulatory landscape and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the regulatory framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988. These ADs apply to specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, has the power under regulation 39.001 of these regulations to issue such directives. This authority stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design of an aircraft type provides continuing airworthiness information, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft. Consequently, when an AD is issued by a State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD. The application of these directives is national in scope, affecting all aircraft and aeronautical products registered in Australia. However, ADs typically do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and assessments of foreign ADs, such as the AD issued by the European Aviation Safety Authority for Turbomeca Makila series engines, which CASA has adopted as Australian AD/MAKILA/10.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and as such, they fall under the category of legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to maintain and ensure the continuing airworthiness of aircraft, aligning with the obligations of the State of Design and the State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation.
Under this legislative framework, the State of Design is tasked with the overarching responsibility of ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to facilitate this. In the context of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design. If deemed appropriate, CASA is required to issue corresponding Australian ADs to enforce the requirements stipulated by the State of Design. For instance, the European Aviation Safety Authority (EASA) has issued AD 2007-0298 concerning Turbomeca Makila series engines, and CASA has subsequently issued Australian AD/MAKILA/10, which is set to take effect on 13 March 2008.
The obligations placed upon entities governed by this Act are significant. The State of Design must ensure that all necessary information is provided to States of Registry to maintain the airworthiness of aircraft types. The State of Registry, in turn, must develop or adopt specific requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as the national airworthiness authority, is obligated to assess ADs issued by the State of Design and to issue corresponding Australian ADs where necessary. These obligations are integral to maintaining the high safety standards required in civil aviation.
The breach of these obligations can lead to serious consequences. While the Civil Aviation Act 1988 does not explicitly detail specific offences or penalties related to the issuance or compliance with ADs, violations of airworthiness regulations generally carry significant legal ramifications. Non-compliance with ADs can result in civil penalties, including fines, as well as criminal charges for more severe infractions. The exact penalties can vary based on the nature and severity of the breach but can include substantial fines and imprisonment terms, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.