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 75-17-32 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/AL501/2, 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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for a comprehensive legal framework governing the industry. Under this Act, the Governor-General is empowered to create regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) can issue these ADs for types of aircraft or aeronautical products to maintain the continuing airworthiness of aircraft. This legislative framework is essential for aligning with international standards set by the International Civil Aviation Organization (ICAO) and ensuring that the responsibilities of the States of Design and Registry are met in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and review, reflecting the balance between international obligations and national regulatory needs.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide that airworthiness directives (ADs) may be issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft types registered in Australia. These ADs are issued in accordance with section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are often issued in response to continuing airworthiness information required under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for the airworthiness of an aircraft type. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This process ensures that aircraft registered in Australia comply with international standards for airworthiness. Given the international nature of these directives and their technical basis, no public consultation is required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The ADs are issued by CASA, representing the Commonwealth of Australia, and are applicable to all entities and individuals involved in the operation of affected aircraft within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that align with the Act’s objectives and the safety of air navigation. One significant regulation, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal legislative instruments, as outlined in subregulation 39.001(5) and further explained under section 6 of the Legislative Instruments Act 2003. Such directives serve as a primary method for communicating ongoing airworthiness requirements, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type.
In the context of this legislation, the State of Registry, which in Australia’s case is CASA, must ensure the continuing airworthiness of individual aircraft. This involves developing or adopting specific requirements to maintain airworthiness standards. When a State of Design, such as the United States in the case of the Rolls Royce AL 501 series engines, issues an AD, CASA is obligated to evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. This ensures that Australian aircraft meet international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other entities involved in the issuance and compliance with ADs. Firstly, CASA must rigorously assess any ADs issued by the State of Design to ensure they meet Australian safety standards. If an AD is appropriate, CASA must then issue a corresponding Australian AD, ensuring the requirements are clearly communicated and enforced. The State of Registry is also responsible for implementing these directives and ensuring compliance among all aircraft operators within its jurisdiction. Additionally, aircraft manufacturers and operators must adhere to the ADs, conducting necessary inspections, repairs, or modifications to maintain airworthiness.
Failure to comply with the requirements set out in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act provides for both civil and criminal penalties for breaches. For instance, under section 116 of the Act, an individual or corporation can be subject to civil penalty provisions, which may include fines up to a substantial amount as determined by the legislation. Criminal penalties can also apply, where individuals may face imprisonment for serious breaches that result in safety risks. These stringent measures underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.