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 Emergency AD 2009-08-51 affecting Rolls Royce AE3007 series engines. The United States is the State of Design for these engines. As a result of the latest AD, CASA has amended the equivalent Australian AD to AD/AE 3007/6 Amendment 2 which will become effective on 15 April 2009. 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 Regulatory Review 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for the regulation of civil aviation in Australia. One of its key objectives is to ensure the safety of air navigation, which it achieves through the issuance of regulations and directives. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs). These ADs are crucial for ensuring that aircraft and aeronautical products remain airworthy, aligning with the broader objective of the Act to safeguard the public and facilitate the safe and efficient use of airspace. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs in response to safety concerns identified by the State of Design, which is responsible for the continuing airworthiness of aircraft types, and to mandate these requirements for aircraft registered in Australia. This approach ensures that Australian aviation standards are harmonized with international obligations under the Convention on International Civil Aviation.
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 specific types of aircraft or aeronautical products, in line with the Civil Aviation Act 1988. These directives are legislative instruments that play a critical role in ensuring the continuing airworthiness of aircraft registered in Australia. The ADs are typically issued in response to safety concerns identified by the State of Design, which is responsible for the ongoing airworthiness of an aircraft type. In the case of the Emergency AD 2009-08-51 issued by the United States Federal Aviation Administration (FAA) for the Rolls Royce AE3007 series engines, CASA has issued the corresponding AD/AE 3007/6 Amendment 2 to mandate the requirements within the Australian jurisdiction. This AD becomes effective on 15 April 2009 and replaces the previous directive. Given that these directives are issued in compliance with international obligations under the Convention on International Civil Aviation and are in response to directives from the relevant State of Design, no public consultation is required, and no Regulatory Impact Statement is necessary. The AD is made by a designated CASA official in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (sections 98 and 39.001 respectively) allow the Governor-General to make regulations for the safety of air navigation, and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry of an individual aircraft. Under the Convention on International Civil Aviation, the State of Design has the primary responsibility for the airworthiness of a type of aircraft and must provide necessary information to the State of Registry, which in Australia is CASA.
The obligations imposed by these regulations include a requirement for CASA to assess information from the State of Design when an AD is issued for a type of aircraft on the Australian Register. CASA must then issue an Australian AD if necessary, to mandate the requirements of the State of Design. This ensures that all aircraft in Australia meet the continuing airworthiness standards set by the international community. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD may lead to serious consequences. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance, it is implicit that failure to adhere to ADs could result in safety breaches. The consequences of such breaches could include the grounding of aircraft, civil penalties, and potential criminal charges, particularly if non-compliance leads to accidents or incidents that result in loss of life or significant property damage. CASA enforces compliance through audits, inspections, and other oversight mechanisms to ensure that all ADs are properly implemented and followed.