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 has issued Emergency AD 2007-0050-E Rolls Royce BR700 series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/BR700/8 which will become effective on 2 March 2007.
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 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, enacted by the Commonwealth Parliament, provides the legal framework for regulating civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. This legislation empowers the Governor-General to create regulations that serve the interests of aviation safety. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that mandate the necessary actions to ensure the continuing airworthiness of aircraft, reflecting Australia's commitment to international standards set by the Convention on International Civil Aviation. The issuing of ADs, such as the Australian AD/BR700/8 in response to the European Aviation Safety Agency's Emergency AD 2007-0050-E, underscores CASA's role in harmonising international safety directives with national regulatory 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) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are created in accordance with the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, where necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process ensures compliance with international civil aviation standards, exemplified by CASA's issuance of Australian AD/BR700/8 in response to an Emergency AD issued by the European Aviation Safety Agency regarding Rolls Royce BR700 series engines. Given the international obligations and the specific nature of ADs, these instruments do not require public consultation or a Regulatory Impact Statement, and are issued under the authority of the relevant CASA office as per subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to make regulations necessary for the safety of air navigation. Pursuant to this, 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. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, has the primary duty to provide necessary information to ensure the airworthiness of the aircraft type. Conversely, the State of Registry, which is the country where the aircraft is registered, is responsible for ensuring the continuing airworthiness of individual aircraft. When the State of Design issues an AD, such as the Emergency AD 2007-0050-E for Rolls Royce BR700 series engines by the European Union Aviation Safety Agency (EASA), CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements. In this instance, CASA has issued AD/BR700/8, which will take effect on 2 March 2007.
CASA's obligations under the Civil Aviation Act and the Convention on International Civil Aviation necessitate that no public consultation is required for this AD. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. This AD was 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.
In terms of compliance, any breach of the airworthiness directives issued by CASA can result in severe consequences. Non-compliance with ADs can lead to the grounding of aircraft, revocation of airworthiness certificates, and other regulatory penalties. The severity of these penalties is intended to ensure that all aircraft maintain the highest safety standards. While specific penalties are not detailed in the provided text, they are typically prescribed in the Civil Aviation Safety Regulations 1998 or related legislation, and can include both civil and criminal penalties, depending on the nature and severity of the breach.