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 US FAA has issued AD 2007-21-05 affecting International Aero Engines V2500 engines. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/V2500/4, which will become effective on 20 December 2007.
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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation in the country, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, including those that pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to ensure that aircraft and aeronautical products meet required safety standards. The policy objective of these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for an aircraft type's continuing airworthiness. Consequently, when a State of Design issues an AD, CASA must assess and, if necessary, issue corresponding Australian ADs to maintain the safety and airworthiness of aircraft registered in Australia. This legislative framework ensures that Australian aviation practices are consistent with international safety standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998 under 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 instrumental in maintaining the safety standards required for the continuing airworthiness of aircraft, and they apply to all aircraft registered in Australia and those types of aircraft designed in other countries but operating within Australian jurisdiction. This application extends to both domestic and international flights and encompasses all entities involved in the operation, maintenance, and certification of aircraft. The issuance of an AD mandates compliance with specific safety requirements set forth by CASA, reflecting Australia’s commitment to international civil aviation standards as stipulated by the Convention on International Civil Aviation. Any exclusions or exemptions from these regulations are minimal, as the primary focus remains on ensuring the highest safety standards. The scope of these regulations can be further detailed through subordinate instruments, but the overarching intent is to uphold the safety and airworthiness of all aircraft operating within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for the regulation of civil aviation in Australia, with section 98 specifically empowering the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore fall under the category of legislative instruments as defined by the Legislative Instruments Act 2003.
The obligations under these provisions mandate that CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding ADs for aircraft registered in Australia. This process ensures that Australian-registered aircraft comply with international standards and maintain their airworthiness. For example, in response to the US Federal Aviation Administration's (FAA) AD 2007-21-05 concerning International Aero Engines V2500 engines, CASA issued AD/V2500/4, which was set to take effect on 20 December 2007. This directive aligns with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft.
Given that ADs are issued in response to international obligations and standards, the Act does not require public consultation for these specific directives. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process of issuing and implementing these directives. The authority to issue such ADs is vested in CASA, with the Acting Manager, Systems in the Airworthiness Engineering Branch, acting on behalf of CASA in accordance with subsection 84A(2) of the Act.
Breaching the requirements set out in these airworthiness directives can lead to serious civil and criminal consequences. While the specific penalties are not detailed in the provided text, generally, non-compliance with ADs can result in the grounding of aircraft, fines, and potentially criminal charges. These measures underscore the importance of adhering to ADs, as they are integral to maintaining the safety and airworthiness of aircraft in Australian airspace. The severity of penalties serves as a deterrent against non-compliance, ensuring that all stakeholders prioritise safety and regulatory adherence.