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 United States FAA issued AD 2007-24-05 affecting Rolls Royce Corporation (RRC) AE 3007A and AE 3007C series engines. The United States is the State of Design for this engine series. CASA has amended the equivalent Australian AD to AD/AE3007/4 Amendment 1 which will become effective on 31 July 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 of air navigation, amongst other objectives, by providing the legal framework within which the Civil Aviation Safety Authority (CASA) operates. This legislation empowers CASA to issue airworthiness directives (ADs), which are regulatory instruments aimed at ensuring the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are often issued in response to international obligations under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in civil aviation by ensuring that aircraft continue to meet airworthiness requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulation, which is a legislative instrument under section 6 of the Legislative Instruments Act 2003, applies to all aircraft registered in Australia, thereby imposing obligations on aircraft owners and operators to comply with ADs. These directives are crucial for ensuring the continuing airworthiness of aircraft and are mandated by international obligations under the Convention on International Civil Aviation, specifically Annex 8. Consequently, CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing ADs when necessary. This process often involves responding to ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for certain aircraft engines. The issuance of ADs does not require public consultation and is not subject to a Regulatory Impact Statement, given their focus on safety and compliance with international standards. The ADs are issued by CASA in accordance with the Civil Aviation Act 1988 and serve to align Australian regulations with international safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the legislative foundation for aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are multifaceted. The State of Design, in this case, the United States, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. Australia, as a State of Registry, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Non-compliance with an AD can lead to severe consequences. The Civil Aviation Act 1988 and associated regulations outline that operating an aircraft in contravention of an AD is an offence. Such breaches can result in substantial penalties, including fines and potential imprisonment. The specific maximum penalties are not detailed in the provided text, but they are significant enough to enforce compliance with airworthiness standards. CASA's role is critical in monitoring and ensuring adherence to these directives, thereby maintaining the high safety standards expected in Australian aviation.