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 issued AD 2008-0145 affecting THIELERT series engines. Germany is the State of Design for these engines. As a result, CASA has amended the equivalent Australian AD to AD/THIELERT/11 Amendment 1 which will become effective on 22 August 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 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft, empowers the Governor-General to make regulations for these purposes. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to States of Registry, including Australia, to ensure compliance with international standards. CASA, as Australia’s national airworthiness authority, is required to assess and implement these directives to maintain the safety and airworthiness of aircraft registered in Australia. The policy objective is to align with international aviation safety standards and ensure the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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. These ADs are legislative instruments, as stated under subregulation 39.001(5) of the Regulations, and are made in the interest of safety as per section 98 of the Act. The scope of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, in compliance with the Convention on International Civil Aviation and the responsibilities outlined in Annex 8. This involves CASA issuing Australian ADs that reflect the directives from the State of Design, which, in the case of THIELERT series engines, is Germany. The ADs are designed to mandate safety requirements and are made without public consultation, as they respond to international obligations and directives from the State of Design. The ADs are effective for enforcing the continuing airworthiness of aircraft and aeronautical products in Australia.
Key Provisions
The main operative sections of this piece of legislation revolve around the authority granted to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (section 39.001). This provision mandates that CASA may issue ADs for kinds of aircraft or aeronautical products, aligning with the overarching goal of ensuring the safety of air navigation as stipulated in section 98 of the Civil Aviation Act 1988. Furthermore, subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These sections collectively empower CASA to issue necessary regulations that maintain the safety and airworthiness standards of aircraft within Australia.
The obligations imposed by this Act are primarily centred on ensuring the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, must assess any information provided by the State of Design regarding an AD and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft comply with international standards and safety protocols. Additionally, the State of Registry of an individual aircraft bears the responsibility for its continuing airworthiness and must develop or adopt the necessary requirements to maintain this standard. This obligation extends to adhering to any ADs issued by CASA, ensuring that all aircraft under their jurisdiction meet the required safety standards.
Failure to comply with the provisions set forth in this Act can result in significant legal consequences. The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines various offences and penalties for breaches. While the specific penalties are not detailed in the provided text, non-compliance with ADs can generally result in severe repercussions, including fines and potential criminal charges. Such measures are enforced to ensure the highest standards of safety in air navigation are upheld, reflecting the critical importance of adhering to airworthiness directives and regulations. The overarching aim is to protect public safety and maintain the integrity of Australia's aviation safety framework.