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 2007-0144 affecting Turbomeca Makila turboshaft engines. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/MAKILA/9, which will become effective on 5 July 2007.
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 Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia. This legislation was introduced to address the need for comprehensive regulation of civil aviation activities to ensure safety and efficiency. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these provisions is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs, issued by CASA in response to those raised by the State of Design, are intended to mandate requirements that align with international standards and obligations. Such directives apply to all aircraft and aeronautical products registered in Australia, ensuring that these entities comply with both national and international safety standards. The issuance of these directives is executed under the authority of CASA and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. This process underscores the jurisdictional reach of CASA as Australia’s national airworthiness authority, ensuring that all aircraft within Australian registry maintain the required safety standards.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework for airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to issue regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument. The ADs are crucial for ensuring the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation.
The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. For instance, the European Aviation Safety Agency (EASA) issued AD 2007-0144 concerning Turbomeca Makila turboshaft engines, which CASA assessed and subsequently issued as Australian AD/MAKILA/9, effective from 5 July 2007.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, various obligations and requirements are imposed on the parties governed by these regulations. CASA is tasked with assessing ADs issued by the State of Design and deciding whether to implement an Australian AD to ensure compliance with safety standards. The State of Registry is responsible for the continuing airworthiness of individual aircraft, which includes developing or adopting necessary requirements as per Annex 8 of the Convention on International Civil Aviation. Additionally, operators of affected aircraft must adhere to the ADs issued by CASA to maintain compliance with safety regulations.
Breaching the requirements outlined in the ADs can result in significant consequences. Although specific offences and penalties are not detailed within the provided text, non-compliance with ADs is generally considered a serious matter under aviation law. Penalties for such breaches could range from fines to more severe sanctions, including potential grounding of non-compliant aircraft. The severity of the penalties would depend on the specific nature of the breach and the impact on aviation safety.