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 German LBA has issued AD D-2005-221 R1 reference affecting Rolls-Royce Deutschland BR700-715 aircraft engines. Germany is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/BR700/6. The cancellation will become effective on 24 November 2005. No replacement AD is required, as the original unsafe condition has been corrected by the manufacturer.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to ensure that aircraft and aeronautical products meet safety standards, thereby protecting the public and maintaining the integrity of air travel. The Act and its associated regulations are designed to uphold Australia's commitments under international aviation conventions, particularly the Convention on International Civil Aviation.
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 types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation and to comply with international standards set by the International Civil Aviation Organization (ICAO). ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft, and their issuance is mandatory when a State of Design, such as Germany for certain Rolls-Royce engines, identifies and communicates safety concerns. CASA, as Australia's national airworthiness authority, is required to assess these directives and, where necessary, issue corresponding Australian ADs. The AD cancellation process is driven by the resolution of safety issues by the State of Design, which in this instance was Germany for BR700-715 engines, and no public consultation is needed as these directives are international in nature and comply with ICAO standards. The AD was made by the Manager, New Technologies and Systems, within CASA, in line with the legislative framework.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations that aim to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments according to section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations on CASA are significant. Firstly, CASA must ensure the continuing airworthiness of aircraft registered in Australia, which involves assessing and acting on ADs issued by the State of Design. In this case, the State of Design is Germany, which issued AD D-2005-221 R1 concerning Rolls-Royce Deutschland BR700-715 aircraft engines. CASA, as the national airworthiness authority, assessed this AD and determined that it was appropriate to cancel Australian AD/BR700/6, effective from 24 November 2005. This cancellation was necessary to comply with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type.
Failure to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 can result in significant consequences. While specific offences and penalties for breaching ADs are not detailed in the text, non-compliance with ADs generally could lead to severe civil or criminal penalties. For instance, failing to adhere to an airworthiness directive can result in the grounding of an aircraft, fines, or imprisonment, depending on the severity of the breach and its impact on safety. The maximum penalties for breaches of aviation regulations can be severe, reflecting the high stakes involved in ensuring the safety of air navigation. Therefore, CASA's role in enforcing these directives is critical to maintaining safety standards in Australian civil aviation.