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 Luftfahrt-Bundesamt has issued AD D-2008-222 affecting Rolls-Royce Deutschland (RRD) model BR700-710A1-10, BR700-710A2-20 and BR700-710C4-11 engines. Germany is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/BR700/12 which will become effective on 23 June 2008.
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 Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is foundational legislation aimed at regulating civil aviation in Australia to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, providing the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety standards for aircraft and aeronautical products. This regulatory approach is essential in fulfilling Australia's obligations under the Convention on International Civil Aviation and ensuring the continuing airworthiness of aircraft registered in Australia. The issuance of ADs, such as the recent Australian AD/BR700/12, is a direct response to international safety directives and is implemented without public consultation as per the legislative framework. The policy objective is to maintain high safety standards in civil aviation, aligning with international best practices and ensuring compliance with global aviation safety conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments made to ensure the safety of air navigation. The Act authorises the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are issued pursuant to Australia’s obligations under the Convention on International Civil Aviation, and in response to directives issued by the State of Design. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia and must ensure compliance with ADs issued by the State of Design. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, and they are made by authorised CASA personnel in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for safety, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. The ADs serve as legislative instruments, as detailed in subregulation 39.001(5), which aligns with the requirements of the Legislative Instruments Act 2003. The authority to issue these directives is further supported by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types with the State of Design, necessitating cooperation with the States of Registry.
The obligations under the Civil Aviation Safety Regulations 1998 mandate that CASA must assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the requirements for continuing airworthiness are uniformly enforced across the Australian fleet of aircraft. The State of Registry, in this case CASA, has a duty to develop or adopt requirements to maintain the airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must evaluate the directive and, if appropriate, issue an Australian AD to enforce the necessary measures. This process was exemplified when the Luftfahrt-Bundesamt issued AD D-2008-222 concerning Rolls-Royce Deutschland model engines, leading to CASA issuing AD/BR700/12 for Australian-registered aircraft.
Breaching the requirements set out in an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines and potential imprisonment. The exact penalties are determined by the severity of the breach and the specific regulations breached. Additionally, non-compliance can lead to criminal charges if the breach results in significant harm or endangers the safety of air navigation. The enforcement of ADs is crucial to maintaining the high safety standards required in the aviation industry.