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 2008-0145R1 affecting Thielert TAE 125 engines. Germany is the State of Design for these engines. As a result of a change in the applicability section of EASA AD 2008-0145R1 CASA has amended the equivalent Australian AD to AD/THIELERT/11 Amendment 2. The amended AD will become effective on
24 September 2009. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, aims to provide a comprehensive framework for the regulation of civil aviation in the country, ensuring safety and efficiency. In line with this overarching objective, the Civil Aviation (Airworthiness Directives) Determination 2009 was introduced to mandate the issuing of airworthiness directives, which are essential tools for maintaining the continuing airworthiness of aircraft and aeronautical products. These directives are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards set by the Convention on International Civil Aviation. The Determination reflects Australia's commitment to international aviation safety protocols, requiring CASA to respond to airworthiness directives issued by the State of Design, such as the European Aviation Safety Agency's AD 2008-0145R1 for Thielert TAE 125 engines, by issuing corresponding Australian directives. This legislative measure underscores the importance of harmonising national regulations with global safety standards.
Scope and Application
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 directives are a legislative instrument and are made to ensure the safety of air navigation in line with Australia's obligations under the Convention on International Civil Aviation. The ADs are intended to mandate the continuing airworthiness of aircraft registered in Australia, following the guidelines set by the State of Design. In this context, the State of Design holds the primary responsibility for ensuring the ongoing airworthiness of a particular aircraft type, and the State of Registry, in this case CASA, must implement these requirements for aircraft registered within Australia. The application of these regulations is national in scope, extending to all aircraft registered in Australia and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The issuance of these directives is a direct response to international safety mandates and does not require consultation with the Australian public or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (s 98; reg 39.001). These ADs are legislative instruments and are designed to ensure the continuing airworthiness of aircraft and aeronautical products (reg 39.001(5)). They are typically issued in response to safety concerns identified by the State of Design or other contracting states under the Convention on International Civil Aviation. For example, the European Aviation Safety Agency (EASA) issued AD 2008-0145R1, which led CASA to issue an equivalent Australian AD affecting Thielert TAE 125 engines (AD/THIELERT/11 Amendment 2). This AD became effective on 24 September 2009 and replaces the previous issue.
The Act and the Regulations impose several obligations and requirements on the parties governed by them. The State of Design, such as Germany for Thielert TAE 125 engines, has the responsibility to ensure the continuing airworthiness of an aircraft type and to provide necessary information to appropriate States of Registry (Annex 8). The State of Registry, such as Australia for the engines on the Australian Register, must develop or adopt requirements to ensure the continuing airworthiness of aircraft and must assess and, if appropriate, issue ADs in accordance with the information provided by the State of Design. CASA, as Australia’s national airworthiness authority, must therefore issue an Australian AD to mandate the requirements of the State of Design. Additionally, ADs must be issued under the authority of the Act and in accordance with the relevant regulations.
The Civil Aviation Safety Regulations 1998, along with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, establish that ADs are legislative instruments that can be subject to disallowance. However, given their nature and the international obligations under the Convention on International Civil Aviation, ADs typically do not require consultation with the Australian public or a Regulatory Impact Statement. Any breaches of the ADs or failure to comply with the mandated requirements can lead to significant safety risks, and CASA has the authority to take enforcement actions against non-compliance. The specific penalties or consequences for breaches are not detailed in the provided text, but they can include administrative penalties, legal actions, or grounding of aircraft until compliance is achieved.