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 2007-0084 affecting Turbomeca Makila 2A series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/MAKILA/12, which will become effective on 7 May 2009.
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, enacted by the Parliament of Australia, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. It grants the Civil Aviation Safety Authority (CASA) the authority to issue regulations for air navigation safety, including the issuance of airworthiness directives (ADs) as stipulated under the Civil Aviation Safety Regulations 1998. The policy objective of the Act is to maintain and enhance the safety of civil aviation through stringent regulatory measures. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must share necessary information with States of Registry, such as Australia. CASA, as the national airworthiness authority, is tasked with assessing information from States of Design and issuing corresponding ADs when required. This legislative and regulatory framework ensures that Australian aviation remains compliant with international standards and maintains high safety benchmarks.
Scope and Application
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. This authority is exercised in the interests of ensuring the safety of air navigation and is consistent with the overarching obligations of Australia under the Convention on International Civil Aviation. Each AD is considered a legislative instrument as per the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft, with the State of Registry being primarily responsible for this under Annex 8 of the Convention. CASA, as Australia's national airworthiness authority, issues these directives in response to ADs from the State of Design, ensuring alignment with international standards and requirements. For example, in response to the European Aviation Safety Agency's AD 2007-0084 concerning Turbomeca Makila 2A series engines, CASA issued its own AD, AD/MAKILA/12, effective from 7 May 2009. This process does not involve public consultation or require a Regulatory Impact Statement, as it is driven by international obligations and existing legislative frameworks.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework is designed to ensure that aircraft and related products maintain their airworthiness and safety standards. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities, particularly CASA and aircraft operators, are significant. CASA, as the national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if deemed necessary, to issue corresponding Australian ADs. The State of Design, such as France for Turbomeca Makila 2A series engines, is responsible for providing information necessary to ensure the continuing airworthiness of aircraft types. The State of Registry, in this case Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. Aircraft operators must comply with these ADs, which may include modifications, inspections, and other safety measures.
Non-compliance with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of ADs can result in civil penalties, including fines, and criminal penalties, which may include imprisonment. The exact penalties are not specified in the provided text but can vary depending on the severity and nature of the breach. Additionally, non-compliance can lead to the grounding of aircraft, which poses significant safety risks and operational disruptions. CASA has the authority to enforce these regulations and may take action against non-compliant operators, including prosecuting them in civil or criminal courts.