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-2005-197 affecting Rolls Royce Dart Turboprop aircraft engines. Germany is the State of Design for Dart Engines. CASA has assessed this AD and has issued Australian AD/DART/31, which will become effective on 4 August 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 - 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, enacted by the Parliament of Australia, governs various aspects of civil aviation, ensuring safety and regulatory compliance within the industry. One of its provisions is section 98, which empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. Under the authority of this act, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives serve as legislative instruments, necessary to uphold the continuing airworthiness of aircraft, in line with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The process of issuing such directives involves CASA evaluating information from the State of Design and, if necessary, mandating requirements through Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The application of these directives is global in nature, aligning with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in ensuring an aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, is mandated to issue corresponding Australian ADs when necessary, as demonstrated by the issuance of Australian AD/DART/31 in response to German LBA’s AD D-2005-197 for Rolls Royce Dart Turboprop aircraft engines. The process does not require public consultation or a Regulatory Impact Statement, reflecting its alignment with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 (the "Act") and the Civil Aviation Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This authority is exercised under the oversight of the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. Consequently, CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to mandate the requirements of the State of Design when such directives are issued by the relevant State.
The obligations imposed by these regulations are significant. The State of Design, such as Germany in the case of Rolls Royce Dart Turboprop aircraft engines, is tasked with providing any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. In Australia, CASA must rigorously assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. For instance, CASA has issued Australian AD/DART/31 in response to the German LBA's AD D-2005-197. This process ensures that the aircraft registered in Australia meet the required safety standards. Furthermore, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. This collaborative approach under Annex 8 of the Convention on International Civil Aviation is crucial for maintaining global air safety standards.
In terms of compliance and enforcement, the Act and the Regulations do not require consultation of the Australian public on ADs, as these directives are issued in response to international obligations and assessments by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. However, the consequences of non-compliance with these ADs can be severe. While the specific penalties for breaching an AD are not detailed in the text, it is clear that failure to comply with an AD could lead to significant civil or criminal consequences. These may include fines, imprisonment, or other regulatory actions as deemed necessary by CASA to enforce compliance with the safety standards set forth by the ADs. The rigorous process of issuing and enforcing these directives underscores the importance of maintaining high safety standards in the aviation industry.