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 has issued AD 75-22-05 affecting Rolls Royce AL 501 series engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/AL501/1, which will become effective on 8 June 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that promote air navigation safety, including the issuance of airworthiness directives (ADs). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for types of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. Australia, as a signatory to this Convention, is obligated to issue ADs in response to directives from the State of Design, ensuring compliance with international safety standards. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. CASA issues these directives under the authority granted by the Civil Aviation Act 1988, ensuring that Australia's civil aviation practices align with global safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued in response to the requirements laid out by the State of Design, which is responsible for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, must then assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required measures. This regulatory framework applies to all aircraft registered in Australia and aeronautical products used in Australian aviation. Geographically, the application of these ADs is national, adhering to Australia's international obligations under the Convention on International Civil Aviation. While the ADs are legislative instruments subject to disallowance, they are typically issued without public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this piece of legislation focus on the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are primarily on CASA, as the national airworthiness authority. CASA must assess airworthiness information from the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This includes evaluating ADs issued by other countries, such as the United States, and implementing them in Australia when appropriate. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft within Australia, aligning with the requirements set by Annex 8 of the Convention on International Civil Aviation.
Failure to comply with the provisions of the ADs can result in serious consequences. Although specific offences and penalties are not detailed in this legislation, non-compliance with ADs can lead to significant civil and criminal liabilities. In Australia, the non-compliance with airworthiness directives can result in hefty fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. Such actions may also lead to the grounding of aircraft, which can have severe repercussions for airlines and other stakeholders involved in air transport.