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 issued 2007-0152-E corrected affecting BMW Rolls Royce BR700 series engines. The EASA is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/BR700/10 amendment 1. The amended AD will become effective on 13 June 2007. This AD cancels and replaces the previous issue.
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 Acting 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 comprehensive legal framework for ensuring the safety and efficiency of civil aviation in Australia. In line with the Act, the Civil Aviation Safety Regulations 1998 were introduced to detail the requirements for the maintenance of airworthiness of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for the Act's purposes, particularly to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a response to the international obligation under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires States of Registry to ensure the continuing airworthiness of individual aircraft. This Australian AD was issued in response to an AD raised by the European Aviation Safety Agency (EASA), the State of Design for BMW Rolls Royce BR700 series engines. The AD was issued by CASA without public consultation, as it is in response to international obligations and requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with the overarching aims of the Civil Aviation Act 1988 and the Convention on International Civil Aviation. These ADs serve as legislative instruments, mandated to maintain the safety of air navigation, and are applicable to all entities involved in the design, manufacture, and operation of aircraft within Australia. The jurisdictional reach of these regulations is national, as CASA acts on behalf of the Australian government to uphold the continuing airworthiness of aircraft registered in Australia. Importantly, the ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting their technical and safety-focused nature. Any amendments or new ADs issued by CASA are made in accordance with section 84A(2) of the Act and are aligned with international standards set by the State of Design, ensuring consistency and safety in civil aviation across borders.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the safety of air navigation, while section 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus qualifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. Such directives are integral to maintaining the continuing airworthiness of aircraft types, a responsibility that falls on the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. This convention mandates that the State of Design must provide necessary information to ensure airworthiness to the appropriate States of Registry. In turn, the State of Registry, such as Australia, must develop or adopt requirements to ensure the ongoing airworthiness of the aircraft registered within its jurisdiction.
The obligations imposed by these regulations include the duty of CASA, as Australia’s national airworthiness authority, to assess any ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) for the BMW Rolls Royce BR700 series engines. CASA is required to evaluate the information provided and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design. For example, in response to EASA's AD 2007-0152-E, CASA has issued the amended AD/BR700/10 amendment 1, which will become effective on 13 June 2007, replacing the previous directive. This process ensures that Australian aircraft comply with international safety standards.
Under the Civil Aviation Act and the Civil Aviation Safety Regulations, failure to comply with an airworthiness directive can result in serious consequences. The Act and Regulations do not explicitly state the penalties for non-compliance with ADs, but non-compliance can lead to significant civil and criminal repercussions. Civil penalties may include fines or other financial penalties, while criminal penalties could involve imprisonment, reflecting the serious nature of air safety regulations. Given that these ADs are integral to ensuring the continuing airworthiness of aircraft, any breach can compromise the safety of air navigation, leading to severe legal and financial consequences for the non-compliant party.