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 EASA has issued AD 2007-0130-CN affecting Rolls Royce BR700 model engines. The EASA is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/BR700/1. The cancellation will become effective on 5 July 2007. No replacement AD is required, as the original unsafe condition has been corrected by removing the affected parts from service.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 Australian Parliament, is a fundamental piece of legislation aimed at ensuring the safety and efficiency of civil aviation within Australia. The Act provides a framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to address safety issues. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the processes for issuing these directives, with CASA as the national airworthiness authority responsible for implementing and enforcing these regulations. The policy objective of the Act is to ensure the highest possible standards of safety and efficiency in the operation of civil aircraft, in line with international conventions such as the Convention on International Civil Aviation. The Act facilitates the alignment of Australian aviation safety practices with global standards, ensuring that both the State of Design and the State of Registry have defined roles in maintaining the airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under this legislative scheme, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The ADs are issued in response to identified safety concerns and are designed to mandate corrective actions or maintenance requirements. The application of these regulations extends to all aircraft registered in Australia and aeronautical products used in Australian airspace, thereby encompassing a broad range of entities including aircraft manufacturers, operators, and maintenance service providers. The scope of the ADs is further clarified by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which recognises ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby solidifying their legislative standing. While ADs are integral to maintaining air safety, they are issued without public consultation when they respond to international directives, as in the case of the cancellation of Australian AD/BR700/1 following the issuance of EASA AD 2007-0130-CN. This process underscores CASA’s commitment to international safety standards while ensuring the continued safety of air navigation within Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This power is exercised to ensure the safety of air navigation, aligning with section 98 of the Civil Aviation Act 1988. Importantly, an AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. The State of Design, typically the country where the aircraft type is designed, has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information to maintain the continuing airworthiness of the aircraft type. Correspondingly, the State of Registry, which is the country where the aircraft is registered, must implement requirements to ensure the ongoing airworthiness of the aircraft. In the case of Australia, CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to take specific actions when the European Aviation Safety Agency (EASA), as the State of Design for Rolls Royce BR700 model engines, issues an AD. CASA must evaluate the information provided in the EASA AD and determine if an Australian AD is necessary. In this instance, CASA has assessed the EASA AD 2007-0130-CN and decided to cancel the existing Australian AD/BR700/1. This cancellation is set to become effective on 5 July 2007, as the original unsafe condition has been addressed by removing the affected parts from service, thus eliminating the need for a replacement AD. This process reflects Australia’s commitment to international civil aviation standards and obligations.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must comply with the airworthiness directives issued by CASA. This includes adhering to any requirements specified in the ADs to maintain the airworthiness of aircraft. Operators of aircraft must ensure that their operations comply with these directives, which may include specific maintenance actions, inspections, and repairs. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft and legal penalties. Therefore, it is imperative that all stakeholders are aware of the ADs and take necessary actions to remain compliant.
There are significant consequences for breaching the requirements set forth in airworthiness directives. The Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs, but such non-compliance can lead to severe regulatory actions. CASA may take enforcement actions, including fines, suspension or revocation of air operator certificates, and even criminal charges in serious cases. The Civil Aviation Act 1988 provides for a range of penalties, including substantial fines and imprisonment for certain offences. These measures are designed to ensure that the highest standards of airworthiness are maintained to protect public safety.