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 2008-016 R1 affecting Thielert TAE 125-01 engines. EASA acts on behalf of Germany, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/THIELERT/8, which will become effective on 10 April 2008.
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 Acting Manager, Systems and New Technologies 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to establish regulations that serve the interests of air navigation safety. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were developed, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs are issued in response to assessments of continuing airworthiness information provided by the State of Design and are intended to mandate necessary safety requirements. Given the international nature of civil aviation and the necessity to comply with ICAO standards, the issuance of ADs such as the Australian AD/THIELERT/8 in response to EASA’s AD 2008-016 R1, does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia. The Act applies to all aircraft and aeronautical products within the Commonwealth of Australia, including those registered in the States and Territories. The ADs are legislative instruments that CASA issues under regulation 39.001 of the Civil Aviation Safety Regulations 1998, in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to maintain an aircraft type's airworthiness. When a State of Design, such as the European Aviation Safety Authority acting on behalf of Germany, issues an AD for aircraft types registered in Australia, CASA is obligated to assess this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. These ADs are issued without public consultation, as they fall under the category of disallowable instruments under section 46A of the Acts Interpretation Act 1901, and do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) 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 ADs are legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003 and are designed to maintain or ensure the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Germany for the Thielert TAE 125-01 engines, is responsible for issuing the original AD, while CASA, as Australia's national airworthiness authority, evaluates and, if necessary, issues an Australian AD to enforce the requirements set by the State of Design.
The ADs are critical for ensuring that the aircraft meet the necessary safety standards set forth by the Convention on International Civil Aviation. The State of Registry, which for Australian registered aircraft is CASA, must implement the ADs to ensure the aircraft remain airworthy. This includes developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within Australia. For example, CASA has issued Australian AD/THIELERT/8 following the assessment of EASA's AD 2008-016 R1, which will take effect on 10 April 2008. This directive mandates specific actions to address identified safety issues with the Thielert TAE 125-01 engines.
Compliance with these ADs is mandatory for all aircraft operators and owners within Australia. The ADs outline specific actions that must be taken to address identified safety issues, such as maintenance, repairs, or modifications to the aircraft or aeronautical products. Failure to comply with the ADs can result in severe consequences, including grounding of the aircraft, fines, and even criminal charges. CASA is responsible for monitoring compliance and can take enforcement actions against non-compliant operators.
Breaching the requirements set forth in an AD can lead to significant legal and financial repercussions. The penalties for non-compliance can include fines of up to $1.65 million for corporations and $330,000 for individuals, as well as potential imprisonment for directors and officers of the corporations. Furthermore, non-compliance can result in the suspension or revocation of an aircraft’s certificate of airworthiness, effectively grounding the aircraft until the required actions are taken. These severe penalties underscore the importance of adhering to the ADs to ensure the safety and airworthiness of aircraft operating in Australia.