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 2004-26-09, affecting Rolls Royce Allison 250 Series engines, in 2004. The United States is the State of Design for this engine type. As a result of a request from industry, CASA has amended the equivalent Australian AD to extend the compliance date for RRC compressor adapter couplings. The amended AD, AD/AL 250/86 Amendment 3, will become effective on 8 March 2012. 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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
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 ensure the safety of air navigation and the continuing airworthiness of aircraft within Australian jurisdiction. This Act empowers the Governor-General to create regulations that serve the safety interests of air navigation, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further elaborate on the issuance of ADs, providing a framework for the Civil Aviation Safety Authority (CASA) to mandate compliance with airworthiness requirements. The policy objective of these regulations is to maintain and enhance aviation safety by ensuring that aircraft and aeronautical products meet necessary safety standards. As part of its international obligations under the Convention on International Civil Aviation, CASA is required to issue ADs when a State of Design, such as the United States for certain aircraft engines, issues corresponding directives. This legislative framework ensures that Australia complies with global safety standards and coordinates with other nations to uphold the highest safety benchmarks in civil aviation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for issuing airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. ADs, which are legislative instruments, are issued in response to the obligations under the Convention on International Civil Aviation and are intended to maintain the continuing airworthiness of aircraft registered in Australia. The State of Design, which in the case of the Rolls Royce Allison 250 Series engines is the United States, is responsible for providing information necessary for the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, ensures the compliance of individual aircraft with airworthiness standards. This particular AD, AD/AL 250/86 Amendment 3, issued by CASA, extends the compliance date for RRC compressor adapter couplings as per a request from the industry, reflecting an amendment to the United States FAA’s 2004-26-09 directive. The AD is applicable to all relevant aircraft registered in Australia and does not require public consultation or a Regulatory Impact Statement. Furthermore, it has been assessed to be compatible with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and fall within the definition of legislative instruments in the Legislative Instruments Act 2003.
These airworthiness directives are critical in ensuring the ongoing safety and airworthiness of aircraft, especially given that the State of Design has the primary responsibility under Annex 8 to the Convention on International Civil Aviation for the continuing airworthiness of an aircraft type. The State of Registry, which in the case of Australia is CASA, must then develop or adopt requirements to maintain the airworthiness of the aircraft on its register. When a State of Design issues an AD, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the design state's requirements. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with these ADs can result in serious legal consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD can lead to enforcement actions, fines, or even prosecution. Specifically, section 245 of the Civil Aviation Act 1988 provides that any person who contravenes a provision of a regulation can be fined up to $16,200 for individuals and $81,000 for bodies corporate, depending on the severity of the offence. Additionally, CASA has the authority to issue compliance orders and take other regulatory actions to ensure adherence to the ADs, further underscoring the importance of compliance.
There are no human rights implications associated with these ADs as they pertain strictly to technical requirements for aircraft safety. The Office of Regulatory Review has determined that these directives do not require a Regulatory Impact Statement, indicating that they do not have a significant impact on human rights or freedoms. As such, the ADs are designed solely to enhance the safety of aviation operations without infringing on individual rights.