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 2008-0215 affecting Thielert TAE 125 series engines. Germany is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/THIELERT/12, which will become effective on
12 February 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation and ensure air safety, empowers the Governor-General to make regulations for the Act's purposes, specifically for the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The objective of issuing ADs is to maintain the continuing airworthiness of aircraft, in alignment with international obligations under the Convention on International Civil Aviation. When a State of Design issues an AD, CASA is mandated to assess and, if necessary, issue an Australian AD to enforce the requirements of the State of Design, ensuring compliance with international standards and safeguarding 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) to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. These directives apply to all aircraft registered in Australia and to any aeronautical products used on those aircraft, thereby covering both entities and persons involved in the operation and maintenance of such aircraft. The regulations extend across the Commonwealth, ensuring a uniform approach to airworthiness throughout the country. Any exclusions or exemptions from these regulations are not explicitly stated in the provided text, but it is understood that they are subject to the overarching international obligations under the Convention on International Civil Aviation. Furthermore, the ADs can be extended or restricted through subordinate instruments, allowing CASA to adapt to specific safety requirements as necessary. The application of these regulations is significant as they ensure that the standards and practices governing the safety of Australian civil aviation align with international norms.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 include regulation 39.001, which authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in section 98 of the Civil Aviation Act 1988. An AD is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This regulatory power is exercised under the overarching responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA must issue corresponding Australian ADs when a State of Design issues an AD affecting aircraft types on the Australian register. For instance, European Union's EASA issued AD 2008-0215 concerning Thielert TAE 125 series engines, with Germany as the State of Design; CASA subsequently issued Australian AD/THIELERT/12.
The obligations imposed on CASA under the Civil Aviation Safety Regulations 1998 are to assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This involves a process of rigorous evaluation to determine the necessity and suitability of the AD for the Australian context, followed by the issuance of the AD to mandate the required actions for compliance. CASA’s role is pivotal in ensuring that Australian-registered aircraft meet the necessary safety standards as prescribed by international conventions and the Civil Aviation Act 1988. The ADs must be issued in accordance with the legislative framework, particularly under subsection 84A(2) of the Act, by the appropriate authority within CASA, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Group.
There are potential civil and criminal consequences for non-compliance with the airworthiness directives issued by CASA. Operators of aircraft that fail to adhere to the mandated ADs risk facing severe penalties, including fines and potential imprisonment. The exact penalties depend on the specific breach and the severity of the non-compliance. For example, failure to comply with an AD could result in the grounding of an aircraft, which can have significant operational and financial repercussions for the operator. Additionally, CASA can take enforcement actions against operators who do not comply with ADs, which can include legal proceedings and the imposition of civil penalties. The seriousness of the consequences underscores the importance of adhering to the ADs to ensure the safety and airworthiness of aircraft.