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 has issued AD D-2005-221 affecting Rolls-Royce Deutschland BR700-715 series engines. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BR700/6, which will become effective on 22 June 2005.
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 - Airframes, 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 ensure the safety of air navigation and provide a regulatory framework for civil aviation in Australia. The Act empowers the Governor-General to make regulations that support the safety of air navigation, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further elaborate on the process for issuing ADs, which are legislative instruments that mandate requirements for the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation (Issue of Airworthiness Directive) Determination 2005 clarifies the procedures for issuing such directives in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. This legislation was introduced to address the need for consistent and effective measures to ensure the safety and airworthiness of aircraft within Australia, aligning with international obligations and best practices. The determination was made by CASA, Australia's national airworthiness authority, in accordance with the Civil Aviation Act 1988, reflecting the policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are regulatory instruments that mandate specific requirements to ensure the safety and airworthiness of the affected aircraft or products. The scope of this regulation extends to all types of aircraft registered in Australia and includes any aeronautical products that are used on Australian registered aircraft. This regulatory framework applies both nationally and in line with international obligations under the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues initial airworthiness directives, and CASA, as Australia’s national airworthiness authority, may issue corresponding Australian ADs. Notably, ADs are not subject to public consultation or the requirement for a Regulatory Impact Statement, given their nature and the international obligations that necessitate their issuance. The ADs are made by authorised CASA officials in accordance with the Civil Aviation Act 1988 and related legislative instruments.
Key Provisions
The key provisions of the Civil Aviation Act 1988, specifically as they relate to the issuance of airworthiness directives (ADs), are outlined under section 98, which allows the Governor-General to make regulations in the interests of safety of air navigation. 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. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. Essentially, these sections provide the legislative framework that allows CASA to issue ADs that are necessary for maintaining the safety standards of aircraft operating in Australia.
The obligations imposed by the Act and the Regulations on the parties involved, particularly CASA and aircraft operators, are significant. CASA, as Australia's national airworthiness authority, has the duty to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. The State of Design, which in this case is Germany for the Rolls-Royce Deutschland BR700-715 series engines, is responsible for providing necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this context, Australia, must implement the requirements of the AD to ensure that aircraft remain airworthy. Aircraft operators are obligated to comply with the ADs by following the specified maintenance, repair, or operational procedures to ensure the safety of the aircraft.
The consequences for non-compliance with the ADs are severe. Civil aviation regulations are stringent, and failure to adhere to ADs can lead to serious safety risks. Non-compliance may result in enforcement actions by CASA, which can include fines, suspension of airworthiness certificates, or other regulatory penalties. The specific penalties for breaches are detailed in the Civil Aviation Regulations and can vary based on the severity and nature of the non-compliance. In some cases, severe breaches can lead to criminal charges, which may result in imprisonment. Therefore, it is crucial for all parties involved to adhere strictly to the ADs to avoid these potential consequences.