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 2007-0144R1 affecting Turbomeca Makila 1 aircraft engines. The EASA acts on behalf of France, the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/MAKILA/9, Amendment 1, which will become effective on 20 June 2008. This AD cancels and replaces the previous issue.
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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation within the country. This legislation provides the legal framework for the Australian Civil Aviation Authority (CASA) to issue regulations and directives aimed at maintaining the safety standards of aircraft and aeronautical products. The Act allows the Governor-General to make regulations under section 98, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs). ADs are legislative instruments issued in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and mandates that States of Registry implement necessary measures to maintain airworthiness. The Civil Aviation Act 1988 aims to uphold these international standards and ensure that Australian aviation practices align with global safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as mandated under section 98 of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered disallowable instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must then assess and, if necessary, issue Australian ADs to align with the requirements of the State of Design. In the case of the Turbomeca Makila 1 aircraft engines, the AD issued by the European Aviation Safety Authority (EASA) on behalf of France, the State of Design, has been assessed and replaced by CASA with Australian AD/MAKILA/9, Amendment 1, which will take effect from 20 June 2008. This AD cancels and replaces previous issues. Given the international context and the nature of ADs, no public consultation or Regulatory Impact Statement was required under the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, revolve around the issuance of airworthiness directives (ADs) for types of aircraft and aeronautical products (section 39.001). These directives are issued under the authority of the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001(5) highlights that an AD is a disallowable instrument and a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The responsibility for continuing airworthiness is vested in the State of Design, which must provide necessary information to States of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by this legislation require CASA, as the national airworthiness authority, to assess information provided by the State of Design and, if appropriate, issue corresponding Australian ADs. This ensures compliance with international standards and mandates the necessary requirements for the continuing airworthiness of aircraft. For example, in response to an AD issued by the European Aviation Safety Authority (EASA) concerning Turbomeca Makila 1 aircraft engines, CASA has issued Australian AD/MAKILA/9, Amendment 1, which replaces the previous AD and will take effect on 20 June 2008.
In terms of compliance, the Act requires CASA to issue ADs based on assessments of information from the State of Design, thereby fulfilling international obligations under the Convention on International Civil Aviation. The ADs must be issued without public consultation, as determined by the Office of Best Practice Regulation, and do not require a Regulatory Impact Statement. This process ensures that ADs are issued in a timely and efficient manner, reflecting the urgency and importance of maintaining airworthiness standards.
Breach of the requirements set forth in the ADs can result in serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is implicit that failure to adhere to these directives could lead to safety hazards and legal ramifications. Such breaches might result in aircraft being grounded or rendered non-compliant with international safety standards, potentially leading to civil or criminal liability for the parties involved. The exact nature and extent of the penalties would depend on the severity of the breach and the specific regulations governing airworthiness at the time.