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, the Civil Aviation Safety Authority (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, or likely to be 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.
In 1999 the USA Federal Aviation Administration issued AD 99‑13-01 to mandate inspections of the high pressure turbine of the V2500 series of engines manufactured by International Aero Engines AG. The USA is the State of Design of the V2500 series of engines. Engines in this series are installed in many Australian-registered Airbus A320 and A321 aircraft. CASA has decided to issue AD/V2500/7 to mandate FAA AD 99-13-01. AD/V2500/7 will become effective on 24 June 2011 and will require action following in-flight shutdown of any applicable engine.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. The Act grants the Governor-General the authority to create regulations for the purposes of the Act and in the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, making ADs a legislative instrument under the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, as per international standards outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are issued by the State of Design, and it is the responsibility of the State of Registry to ensure the aircraft's ongoing airworthiness by adopting or developing requirements based on these ADs. The process is guided by the necessity to adhere to international obligations and the practicalities of maintaining airworthiness for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs, being disallowable instruments, are also legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are issued to ensure the continuing airworthiness of aircraft types and are mandated by the State of Design, with CASA required to assess and, if appropriate, issue Australian ADs in response to directives from the State of Design. For instance, AD/V2500/7 was issued by CASA in response to a United States Federal Aviation Administration directive concerning the high pressure turbine of the V2500 series of engines, which are installed in many Australian-registered Airbus A320 and A321 aircraft. This AD will become effective on 24 June 2011 and requires action following in-flight shutdown of any applicable engine.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, provides the legal basis for the creation of regulations that are intended to enhance the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft, aligning with the requirements of Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the States of Registry to ensure ongoing compliance with airworthiness standards.
Under the Civil Aviation Safety Regulations 1998, both the State of Design and the State of Registry have specific responsibilities. The State of Design is tasked with providing any information necessary to ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for developing or adopting requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, such as the FAA’s AD 99-13-01 regarding the high-pressure turbine of the V2500 series engines, CASA must assess this information and, if necessary, issue an Australian AD to enforce these requirements. This ensures that Australian-registered aircraft comply with international safety standards.
The AD issued by CASA, AD/V2500/7, is in response to the FAA's AD 99-13-01 and will become effective on 24 June 2011. This AD mandates specific actions following an in-flight shutdown of any applicable engine. Given that this directive is issued in response to international obligations and multiple ADs from the relevant State of Design, no consultation of the Australian public was undertaken. Additionally, the Office of Best Practice Regulation has determined that ADs of this nature do not require a Regulatory Impact Statement. The AD was issued by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Act.
There are no specific obligations or requirements outlined for parties or entities in this AD issuance. However, the AD itself will impose obligations on aircraft operators to comply with the mandated inspections and actions following an in-flight engine shutdown. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft, fines, and other enforcement actions by CASA. The precise penalties for non-compliance are not detailed in the provided text, but they can include both civil and criminal penalties depending on the severity of the breach.