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 2006-0070 affecting Turbomeca Makila 1 model aircraft engines. EASA is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/MAKILA/8, which will become effective on 6 July 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to ensure the safety of air navigation and the regulation of civil aviation in Australia. One of its key provisions allows the Governor-General to make regulations to maintain air safety, which in turn empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are critical in ensuring the ongoing airworthiness of aircraft and aeronautical products, thereby aligning with the international standards set by the International Civil Aviation Organization (ICAO). The authority to issue such directives is underpinned by the Civil Aviation Safety Regulations 1998, which were formulated to implement the requirements of the Civil Aviation Act and facilitate the safe operation of aircraft in Australia. The policy objective is to uphold the highest safety standards in civil aviation, ensuring that all aircraft meet the necessary safety requirements as mandated by international conventions and national regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory framework applies to all entities involved in the manufacture, registration, and operation of aircraft within Australia, ensuring adherence to both national and international standards of airworthiness. The ADs are legislative instruments that CASA issues in response to directives from the State of Design, which has primary responsibility for the airworthiness of aircraft types. For instance, CASA issued AD/MAKILA/8 following the European Aviation Safety Agency's AD 2006-0070 for Turbomeca Makila 1 model aircraft engines, highlighting the jurisdictional reach of these regulations across national boundaries. These ADs do not require public consultation or a Regulatory Impact Statement, as they are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation. The issuance of such directives ensures that Australian aircraft maintain compliance with international safety standards, thereby protecting the safety of air navigation within Australia and globally.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, are designed to ensure the ongoing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type and must provide necessary information to States of Registry, which then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction.
In response to an airworthiness directive issued by the European Aviation Safety Agency (EASA) regarding Turbomeca Makila 1 model aircraft engines, CASA has issued Australian AD/MAKILA/8. This AD is a direct result of Australia’s obligations under the Convention on International Civil Aviation and was issued without public consultation. The AD, effective from 6 July 2006, has been drafted by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
Entities and individuals governed by the AD must comply with the specified requirements to maintain the airworthiness of the affected aircraft. This includes adhering to the timelines set for compliance, such as the mandatory inspection and repair of engine components as outlined in AD/MAKILA/8. Failure to comply with the AD can result in severe consequences, including the potential grounding of non-compliant aircraft, which would impact the operator’s ability to fly the aircraft commercially. CASA retains the authority to enforce compliance through audits, inspections, and the imposition of fines or other penalties for non-compliance.
The legislation provides for civil and criminal penalties for breaches of ADs. For instance, under section 98 of the Civil Aviation Act 1988, CASA can impose fines of up to $132,000 for non-compliance with an AD. Additionally, individuals found in breach of the AD may face imprisonment for up to two years or both, reflecting the serious nature of air safety regulations. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and the public.