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 Civil Aviation Safety Authority or its predecessors issued AD/TURMO/2 affecting Turbomeca Turmo series turbine engines. CASA has assessed this AD and as a result has cancelled Australian AD/TURMO/2. The cancellation will become effective on 27 August 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, 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 was enacted to provide a legislative framework that ensures the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative framework was designed to address the need for consistent and enforceable safety standards in civil aviation, ensuring that aircraft and aeronautical products meet the necessary safety requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework through which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are intended to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, responsible for the overall airworthiness of an aircraft type, must provide necessary information to appropriate States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, assesses this information and, if appropriate, issues Australian ADs to mandate the requirements of the State of Design. This process aligns with Annex 8 to the Convention on International Civil Aviation, which governs international standards and practices. The AD cancellation process is stringent, ensuring compliance with international obligations, and does not require public consultation or a Regulatory Impact Statement. The AD is made by the Manager, Future Technology and Regulatory Trends, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Specifically, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory structure ensures that ADs, which are a common form of continuing airworthiness information, are properly managed and enforced.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily fall on CASA, as the national airworthiness authority. When the State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the AD and, if necessary, issue a corresponding Australian AD. This obligation ensures that all aircraft registered in Australia meet the required airworthiness standards. Additionally, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, thereby maintaining high safety standards across the aviation sector.
There are no specific offences or penalties outlined for the breach of ADs in the provided text, but the authority to issue ADs inherently carries the weight of ensuring compliance to avoid potential safety hazards. The failure to comply with an AD could lead to serious safety risks, which could result in civil or criminal consequences under other provisions of the Civil Aviation Act 1988. The maximum penalties for such breaches can be significant, as they often pertain to aviation safety and can include substantial fines or imprisonment, depending on the severity of the non-compliance.
The legislative process for issuing and cancelling ADs, as exemplified by AD/TURMO/2 affecting Turbomeca Turmo series turbine engines, is thorough and follows international standards. CASA assessed the AD and determined that the unsafe condition no longer existed, leading to the cancellation of the Australian AD on 27 August 2009. This decision aligns with Australia's obligations under the Convention on International Civil Aviation, ensuring that the country adheres to international safety standards. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining stringent safety oversight.