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 2008-0056-E affecting Thielert diesel engines. EASA acts on behalf of Germany, the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/THIELERT/7, Amendment 1, which will become effective on 13 March 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety, efficiency, and environmental protection. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, ensures that any AD issued by the State of Design, such as the European Aviation Safety Authority (EASA), is appropriately assessed and, if necessary, adapted and mandated for Australian aircraft. This process ensures compliance with international standards and obligations, as demonstrated by the issuance of Australian AD/THIELERT/7, Amendment 1, in response to EASA's AD 2008-0056-E concerning Thielert diesel engines.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of 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 directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia and are issued in compliance with the Convention on International Civil Aviation, particularly Annex 8. The ADs serve to mandate safety requirements for aircraft types designed by foreign entities and registered in Australia, ensuring they meet international safety standards. The State of Registry, which in this context is CASA, must develop or adopt requirements to ensure these aircraft meet airworthiness standards. When a State of Design, such as Germany through the European Aviation Safety Authority (EASA), issues an AD, CASA assesses the information and issues a corresponding Australian AD. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are not subject to public consultation or a Regulatory Impact Statement as they are mandated by international obligations.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these regulations include adherence to the airworthiness directives issued by CASA. The State of Design, which is the country where the aircraft type is designed, is responsible for the continuing airworthiness of that type of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the airworthiness of a type to appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, acting as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failing to comply with the airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can be considered an offence. The Act provides for penalties that can be imposed for breaches, although the specific maximum penalties are not detailed in the provided text. The regulatory framework ensures that all stakeholders are held accountable for maintaining the airworthiness of aircraft, thus upholding the safety standards required in the aviation industry. The European Aviation Safety Authority’s (EASA) issuance of AD 2008-0056-E affecting Thielert diesel engines is an example of how international standards are enforced through these directives, demonstrating the interconnected nature of aviation safety regulations across different jurisdictions.