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 69-21-03 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/AL501/4, 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 for the regulation of civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act, which are necessary for the safety of air navigation, as demonstrated in the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that mandate continuing airworthiness requirements and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by States of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and ensuring safety in air navigation, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. Each State of Design holds the responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia, to support this ongoing oversight. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This process is exemplified by CASA's issuance of AD/AL501/4 in response to the United States Federal Aviation Administration's AD 69-21-03 concerning Rolls Royce AL 501 series engines, highlighting Australia's commitment to international safety standards. Given the nature of ADs, they are considered legislative instruments and are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that serve the Act's purpose and the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal regulatory instruments that have legal standing as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under regulation 39.001, the authority to issue ADs is contingent upon the State of Design's responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case the United States, must provide necessary information to ensure the type's continuing airworthiness. The State of Registry, which for Australian-registered aircraft is CASA, has the obligation to develop or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD, CASA must review the information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements. This ensures that Australian-registered aircraft meet international safety standards.
The obligations imposed by the Act and the Regulations on parties such as CASA and the State of Registry include the assessment and enforcement of ADs issued by States of Design. This process ensures that any safety concerns identified by the State of Design are addressed appropriately within the Australian regulatory framework. Failure to comply with an AD can result in serious safety implications, and thus, the Act and Regulations impose stringent compliance requirements to prevent such occurrences.
For breaches of the Civil Aviation Act 1988 and associated Regulations, including non-compliance with ADs, there are potential civil and criminal consequences. While the specific penalties for such breaches are not detailed in the provided text, it is known that non-compliance can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and in severe cases, criminal prosecution. The exact penalties would be determined based on the nature and severity of the breach.