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 European Aviation Safety Authority (EASA) has issued AD 2009-0151 affecting Thielert Aircraft Engines (TAE) model TAE 125-02-99. The EASA acts on
behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/THIELERT/13, which will become effective on
27 August 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, 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, addresses the overarching framework for civil aviation safety within Australia, including the regulatory powers necessary to ensure airworthiness and safety in air navigation. In line with the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain the safety standards of air navigation. This legislative structure ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft types. The policy objective of these regulations is to harmonise Australia's aviation safety practices with international standards, ensuring the highest levels of safety in the aviation sector.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and serve to ensure the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. In the case of ADs issued by the European Aviation Safety Authority (EASA) for aircraft designs, CASA, as Australia’s national airworthiness authority, is required to assess and potentially issue corresponding Australian ADs. For instance, following EASA’s AD 2009-0151 concerning Thielert Aircraft Engines (TAE) model TAE 125-02-99, CASA issued Australian AD/THIELERT/13, effective from 27 August 2009. This process is mandated by Australia’s obligations under the Convention on International Civil Aviation, and no public consultation is required for such ADs, as determined by the Office of Regulatory Review. The ADs are issued under the authority of the Civil Aviation Act 1988, specifically by the Manager, Future Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations aimed at enhancing the safety of air navigation. Regulation 39.001 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, acting as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered within Australia. This responsibility includes assessing and, if necessary, issuing Australian ADs that mandate the requirements of the State of Design, particularly when such directives are issued by countries like Germany, represented by the European Aviation Safety Authority (EASA). For example, EASA's AD 2009-0151, affecting Thielert Aircraft Engines (TAE) model TAE 125-02-99, was assessed by CASA, leading to the issuance of Australian AD/THIELERT/13, effective from 27 August 2009.
The obligations imposed by these regulations are significant for both CASA and the States of Registry. CASA must rigorously evaluate any international ADs and decide whether to issue corresponding Australian ADs. The State of Registry, on the other hand, must ensure compliance with these directives to maintain the airworthiness of individual aircraft. Additionally, States of Design, such as Germany, must provide necessary information to ensure the continuing airworthiness of aircraft types, thereby facilitating international cooperation in aviation safety.
Breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to serious consequences. Non-compliance with ADs can result in civil penalties, including fines and potential grounding of non-compliant aircraft. In more severe cases, criminal charges may be brought against individuals or companies responsible for the non-compliance, with potential penalties including imprisonment. The exact penalties depend on the nature and severity of the breach, but they underscore the critical importance of adhering to these safety regulations.