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 99‑25-03 to mandate repetitive inspection of the high pressure turbine of the V2500-A1 model of engine manufactured by International Aero Engines AG. The USA is the State of Design of the V2500 series of engines. Engines of this model are installed in one Australian-registered Airbus A320 aircraft. CASA has decided to issue AD/V2500/8 to mandate FAA AD 99-25-003. AD/V2500/8 will become effective on 24 June 2011 and will require repetitive inspection of parts of the high pressure turbine.
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 establish the framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General has the authority to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to address safety issues concerning aircraft and aeronautical products. The ADs mandate corrective actions to ensure the continuing airworthiness of aircraft, reflecting Australia’s commitment to international standards as outlined in the Convention on International Civil Aviation. In 2011, CASA issued AD/V2500/8 to mandate repetitive inspection of the high-pressure turbine of the V2500-A1 model engine, following a directive from the US Federal Aviation Administration. This AD was issued in response to Australia’s obligations under international conventions and in line with the State of Design’s requirements, without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for particular kinds of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the airworthiness standards established by the International Civil Aviation Organization (ICAO) and are mandated by the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the ongoing airworthiness of aircraft registered in Australia, often issuing directives in response to those issued by the State of Design. An example of this practice is the issuance of AD/V2500/8, which mandates repetitive inspection of the high-pressure turbine of the V2500-A1 engine installed in an Australian-registered Airbus A320, following the FAA's AD 99-25-03. This AD, effective from 24 June 2011, reflects Australia’s commitment to international safety standards and is made without public consultation as it directly responds to international directives.
Key Provisions
The key sections relevant to the issuance of an airworthiness directive (AD) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Section 39.001(5) of the Regulations further clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby establishing their status as legislative instruments. Additionally, Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design in maintaining the continuing airworthiness of an aircraft type, and mandates that the State of Registry implement the necessary requirements to ensure the same.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design. This is exemplified in the case of the V2500-A1 model engine manufactured by International Aero Engines AG, where the USA, as the State of Design, issued AD 99-25-03 mandating repetitive inspections of the high-pressure turbine. CASA, as the national airworthiness authority, must evaluate this directive and issue AD/V2500/8 to ensure compliance with the USA’s AD, particularly for the Australian-registered Airbus A320 aircraft equipped with this engine model.
Under these regulations, any breach of an airworthiness directive can result in severe civil or criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs; however, failure to adhere to such directives can lead to aircraft being deemed unairworthy. This could result in the grounding of the aircraft, fines, or other regulatory actions taken by CASA. Additionally, in extreme cases, non-compliance could lead to criminal charges, particularly if the failure to adhere to the AD results in accidents or incidents that cause harm or death.
Given that ADs are issued under Australia’s obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design, no public consultation is required for their issuance. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for their implementation. This AD/V2500/8, set to become effective on 24 June 2011, exemplifies this approach by mandating repetitive inspections of the high-pressure turbine as required by the USA’s AD 99-25-03.