AD/MAKILA/11 - Airworthiness Limitation Items

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation activities in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, which in turn enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft types. The Civil Aviation Act 1988, through these provisions, addresses the need for standardised safety measures in civil aviation, aligning with international standards set by the International Civil Aviation Organization (ICAO) and ensuring Australia’s compliance with the Convention on International Civil Aviation. This legislative framework allows CASA to issue ADs based on assessments of directives issued by the relevant State of Design, thereby maintaining safety standards without the need for public consultation or a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. The Civil Aviation Act 1988 provides the overarching legislative framework, allowing the Governor-General to enact these regulations to enhance the safety of air navigation. These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft and are issued by the State of Design, with the State of Registry ensuring compliance at the individual aircraft level. In the context of international obligations under the Convention on International Civil Aviation, Australia’s national airworthiness authority, CASA, is required to assess and potentially issue Australian ADs in response to directives from the relevant State of Design, such as France for Turbomeca MAKILA 2A series engines. This legislative and regulatory structure ensures that Australian aviation standards align with international safety requirements.

Key Provisions

The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for air navigation safety. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. Notably, under subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, bears the responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to appropriate States of Registry to maintain airworthiness. Correspondingly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. Given Australia's obligations under the Convention on International Civil Aviation, and in response to an AD issued by the relevant State of Design, CASA issued Australian AD/MAKILA/11, effective from 9 April 2009, in relation to Turbomeca MAKILA 2A series engines. This AD was issued 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. There is no requirement for public consultation on ADs as they are issued pursuant to Australia’s obligations under the Convention on International Civil Aviation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. Failure to comply with an AD can result in severe consequences, including potential enforcement actions by CASA, which may include fines or other penalties as stipulated under the Civil Aviation Act 1988 and associated regulations. Non-compliance may also lead to the grounding of affected aircraft until the required actions are taken, thereby ensuring continued safety in air navigation.