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 2009-0193 affecting Thielert TAE 125 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 3 which 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 Commonwealth Parliament, establishes the framework for civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. In accordance with section 98 of this Act, the Governor-General has the authority to create regulations that safeguard the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998, which were also enacted by the Commonwealth Parliament, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. These directives are essential in fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, and they are issued in response to directives from the relevant State of Design. As these directives are issued under international obligations and do not necessitate public consultation, the Office of Regulatory Review has concluded that they do not require a Regulatory Impact Statement.
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 types of aircraft or aeronautical products. These ADs, which are legislative instruments, are integral to ensuring the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs apply to the State of Registry for individual aircraft, mandating compliance with continuing airworthiness requirements. The ADs are issued in response to obligations under the Convention on International Civil Aviation, with CASA assessing and, if necessary, issuing Australian ADs based on information from the State of Design. For example, in response to an AD issued by the European Aviation Safety Agency (EASA) concerning Thielert TAE 125 series engines, CASA has issued an equivalent Australian AD. This AD, which cancels and replaces a previous one, will take effect on 24 September 2009. Notably, because ADs are issued in accordance with international obligations and do not require public consultation, they are exempt from the need for a Regulatory Impact Statement. The ADs are issued by CASA under the authority of the Civil Aviation Act 1988, and in this instance, the AD was made by the Manager, Future Technology and Regulatory Trends, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with specific focus on airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that serve the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations are multifaceted. The State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the State of Registry to ensure the aircraft's continued airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to maintain airworthiness. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, but general aviation regulations impose strict penalties for violations that compromise safety. Non-compliance can lead to enforcement actions by CASA, including fines and potential grounding of the aircraft until the required actions are taken. Additionally, operators may face legal consequences if non-compliance results in accidents or incidents, highlighting the critical importance of adhering to ADs.
While the issuing of ADs is driven by international obligations and the need to respond to safety issues raised by the State of Design, certain procedural requirements have been streamlined. For instance, this specific AD was issued without public consultation due to its alignment with international obligations under the Convention on International Civil Aviation. Similarly, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining focus on safety. This AD was made by the Manager, Future Technology and Regulatory Trends, in accordance with the Civil Aviation Act 1988, ensuring that regulatory actions are taken efficiently and effectively.