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 2009-0090 affecting Turboméca Makila 1A and 1A1 aircraft engines. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/MAKILA/14, which will become effective on 12 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 Best Practice Regulation 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 for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, and under section 98, the Civil Aviation Safety Regulations 1998 were created to govern the specifics of maintaining airworthiness standards. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. CASA's role as the national airworthiness authority involves assessing information from the State of Design and, where necessary, issuing corresponding Australian ADs to enforce the requirements set by the State of Design. This process ensures compliance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, and addresses any identified safety issues.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to all aircraft and aeronautical products operating within Australia, as well as any entities and individuals involved in civil aviation activities within the country. Specifically, the Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with the issuance of airworthiness directives (ADs) being a key regulatory tool. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) may issue ADs for specific types of aircraft or aeronautical products, making them a legislative instrument under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, in this case CASA, is tasked with ensuring the ongoing airworthiness of aircraft registered in Australia, and must comply with ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) for certain aircraft types. Given that these directives arise from international obligations and are responses to international ADs, they do not require public consultation or a Regulatory Impact Statement. The issuance of these directives is carried out by authorised personnel within CASA, ensuring compliance with the legislative framework established under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, particularly 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(5)). An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, and it is subject to the Legislative Instruments Act 2003 (6). This regulatory framework ensures that ADs, which are critical for maintaining the continuing airworthiness of aircraft, are issued in a manner that complies with national and international aviation safety standards.
The obligations imposed by this Act on the parties it governs are significant. The State of Design, which is the country responsible for designing a particular aircraft type, has the primary responsibility for ensuring the continuing airworthiness of that type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered (Annex 8 to the Convention on International Civil Aviation). The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements.
Failure to comply with the provisions of an AD can result in serious consequences. Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, but general aviation regulations and the Civil Aviation Act 1988 provide a framework for enforcement. Non-compliance with an AD can lead to enforcement actions, including fines and potential grounding of the aircraft, which can have significant operational and legal ramifications for the operators. The severity of penalties can vary, but they are intended to ensure that all aircraft maintain the required airworthiness standards, thereby protecting public safety.
In the specific case of the AD 2009-0090 issued by the European Aviation Safety Authority (EASA) for Turboméca Makila 1A and 1A1 aircraft engines, CASA has issued a corresponding Australian AD/MAKILA/14. This AD will become effective on 12 May 2009. As this directive is issued in response to international obligations and an AD by the relevant State of Design, there has been no consultation of the Australian public. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was 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, ensuring that the directive adheres to the statutory requirements and maintains the high standards of aviation safety expected in Australia.