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 2008-0106-E affecting Thielert Aircraft Engines GmbH TAE 125-02-99 engines. Germany is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/THIELERT/9 Amendment 1 which will become effective on 16 June 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, 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 ensure the safety and efficiency of civil aviation in Australia. The Act provides the framework for regulating the aviation industry and ensuring that safety standards are met. The Civil Aviation Safety Regulations 1998 were made under the authority of the Act to provide more detailed requirements for ensuring the safety of air navigation. One of the ways in which the regulations achieve this is by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD is a legislative instrument and is subject to disallowance by Parliament. The policy objective of the ADs is to ensure the continuing airworthiness of aircraft and aeronautical products by mandating requirements based on safety considerations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulation is made under section 98 of the Civil Aviation Act 1988 and serves to ensure the safety of air navigation as per the Convention on International Civil Aviation. An AD is considered a legislative instrument as outlined in the Legislative Instruments Act 2003. The State of Design holds responsibility for the continuing airworthiness of an aircraft type and must share necessary information to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, must assess such information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For example, following the European Aviation Safety Agency's issuance of AD 2008-0106-E concerning Thielert Aircraft Engines GmbH TAE 125-02-99 engines, CASA issued an equivalent Australian AD, AD/THIELERT/9 Amendment 1, effective from 16 June 2008. Given the international obligations under the Convention on International Civil Aviation and the response to an AD from the relevant State of Design, there was no consultation with the Australian public on this directive, and it was determined that no Regulatory Impact Statement was required. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for air safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is exercised in alignment with international standards, particularly Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. As the State of Design issues ADs, CASA must assess the information and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Under this legislative framework, the State of Registry of an individual aircraft is mandated to ensure its continuing airworthiness. This entails developing or adopting appropriate requirements to maintain the safety standards set forth by international conventions and national regulations. When the State of Design, such as Germany in the case of Thielert Aircraft Engines GmbH TAE 125-02-99 engines, issues an AD, CASA must evaluate the directive and issue a corresponding Australian AD if appropriate. This ensures that all aircraft registered in Australia comply with the necessary safety standards as prescribed by the relevant State of Design.
The AD in question, AD 2008-0106-E, was issued by the European Aviation Safety Agency (EASA) concerning Thielert engines, with Germany as the State of Design. CASA subsequently amended this to AD/THIELERT/9 Amendment 1, effective from 16 June 2008. Given that this AD is a response to international obligations and is based on the AD issued by the State of Design, no public consultation was required. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
The issuance of ADs is a formal process managed by CASA, overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act. These ADs carry significant weight, as failure to comply with them can lead to severe consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is understood that breaches of such safety regulations can result in substantial civil or criminal penalties, reinforcing the importance of adhering to these directives.