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 State FAA has issued AD 2006-20-07 affecting Rolls Royce Corporation AL 250 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/AL 250/90, which will become effective on 23 November 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with an emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to establish regulations aimed at safeguarding the aviation sector, with a particular focus on maintaining airworthiness standards. In line with this mandate, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are legislative instruments, are designed to maintain the continuing airworthiness of aircraft as per international obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses and issues ADs based on assessments of foreign directives, ensuring that Australian aircraft meet international safety standards. The policy objective is to uphold the highest safety standards in civil aviation, aligning with Australia's commitments to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) that govern the safety of air navigation and the continuing airworthiness of aircraft and aeronautical products. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001, which also establishes ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs, being legislative instruments, serve as a crucial mechanism for ensuring compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of aircraft types. In Australia, CASA, as the national airworthiness authority, must evaluate and, if necessary, issue ADs to mandate the requirements of foreign States of Design, thereby ensuring that aircraft on the Australian Register meet international safety standards. The issuance of such ADs is governed by Australia's international obligations and is not subject to public consultation or a Regulatory Impact Statement, reflecting the urgent and necessary nature of air safety measures.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are critical in ensuring that all aircraft meet the required safety standards. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation primarily rest with CASA as Australia's national airworthiness authority. CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. The State of Design, in this context, the United States for the Rolls Royce Corporation AL 250 series engines, has the responsibility to provide information necessary for ensuring the continuing airworthiness of the aircraft type. The State of Registry, in this case Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This ensures a coordinated approach to airworthiness management across different states.
Non-compliance with ADs can lead to significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict requirements and obligations on operators and manufacturers to adhere to ADs. Failure to comply with these directives can result in severe penalties. Civil penalties may include fines up to a specified maximum amount, and criminal penalties may include imprisonment. Additionally, failure to comply can lead to the grounding of aircraft, which can have significant operational and financial impacts on airlines and other operators.
The AD in question, AD/AL 250/90, issued by CASA, is a direct response to an AD issued by the United States, the State of Design for the Rolls Royce Corporation AL 250 series engines. This AD becomes effective on 23 November 2006 and, given its basis in international obligations under the Convention on International Civil Aviation and the assessed necessity by CASA, it has not undergone public consultation or a Regulatory Impact Statement. This AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the AD aligns with both international standards and national safety requirements.