CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 has issued AD 2004-24-04 affecting Rolls Royce Corporation 250-C30R/3, 250-C30R/3M, 250-C47B and 250-C47M engines. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AL 250/84, which will become effective on 17 February 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These airworthiness directives are instrumental in maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the Convention on International Civil Aviation. The policy objective behind these provisions is to ensure that all aircraft operating within Australia meet stringent safety standards, thereby safeguarding public safety and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs) in Australia. The Act applies to the Governor-General, who has the power under section 98 to make regulations for the purposes of the Act, and the Civil Aviation Safety Authority (CASA), which is responsible for ensuring the safety of air navigation. CASA can issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are intended to maintain the continuing airworthiness of aircraft as per the requirements of the State of Design and the State of Registry. This legislative framework extends to all aircraft registered in Australia, ensuring that the safety standards set by the Convention on International Civil Aviation are adhered to. ADs issued under this Act are not subject to consultation with the public and do not require a Regulatory Impact Statement, as they are mandated by international obligations and are in response to directives from the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and are issued under the authority of the State of Design, which has the overall responsibility for ensuring the safety of the aircraft type, as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions on parties and entities are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must adopt or develop requirements to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess information from the State of Design and, if necessary, issue an Australian AD. This ensures that all aircraft registered in Australia comply with safety standards set by the relevant State of Design. Furthermore, CASA must act promptly and effectively to issue these directives when required, maintaining the safety and compliance of the national aircraft fleet.
Breaches of the provisions related to airworthiness directives can lead to serious consequences. The Civil Aviation Act 1988 and associated regulations outline offences related to non-compliance with ADs, which can result in both civil and criminal penalties. For instance, failing to comply with an AD can be considered an offence under section 121 of the Act, potentially leading to fines or imprisonment. The specific penalties can vary, but the maximum penalties for breaches can be substantial, reflecting the critical importance of adhering to airworthiness directives. It is important for operators and owners of aircraft to comply with these directives to avoid legal repercussions and to ensure the safety of all involved in air navigation.