CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 German LBA issued AD 2003-235, affecting Rolls Royce Deutschland BR700-715 series engine, in 2003. Germany is the State of Design for theses types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the requirement for the inspection of the engines. The amended AD, AD/BR700/4 Amendment 1, will become effective on 30 June 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for a comprehensive regulatory framework governing civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing specific requirements. One such regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, ensuring that these meet continuing airworthiness standards as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that mandate specific safety measures in response to identified issues, thereby enhancing the overall safety of air navigation. The Act provides CASA with the authority to issue such directives in alignment with international obligations and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1998, as amended by the issuance of Airworthiness Directive (AD) AD/BR700/4 Amendment 1, apply to all aircraft in Australia that are registered under the Civil Aviation Act 1988 and include engines of the Rolls Royce Deutschland BR700-715 series. This legislation ensures that the continuing airworthiness of these aircraft and their components is maintained in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The AD mandates specific requirements for the inspection of the mentioned engines, reflecting Australia's obligations under the Convention on International Civil Aviation. While the AD does not extend to other aircraft or engines not covered by the specific directive, it underscores the commitment of the Civil Aviation Safety Authority (CASA) to upholding safety standards through compliance with international agreements. Exemptions or thresholds are not specified within the directive itself, but the application and enforcement of these regulations fall under CASA's purview as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) can be issued in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, which includes ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are significant legislative instruments, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which makes them disallowable instruments under section 46A of the Acts Interpretation Act 1901. Furthermore, in accordance with section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments.
In terms of obligations, the State of Design, such as Germany in the case of the Rolls Royce Deutschland BR700-715 series engine, has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the continuing airworthiness of the type to States of Registry, such as Australia. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft remain compliant with international safety standards.
The issuance of ADs such as AD/BR700/4 Amendment 1 does not require consultation of the Australian public because it is a response to international obligations under the Convention on International Civil Aviation and an AD raised by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. The AD became effective on 30 June 2005, cancelling and replacing the previous issue.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can be significant, including substantial fines and potential imprisonment, depending on the severity of the breach. CASA, as the enforcement body, has the authority to take action against any entity or individual found to be in breach of an AD, ensuring that air safety standards are upheld. The precise penalties are not detailed in the provided text, but they can include fines and imprisonment as stipulated in the relevant sections of the Civil Aviation Act 1988.