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 European EASA has issued AD 2006-0336 affecting Rolls Royce Tay Engines. Europe is the State of Design for RR Tay Engines. CASA has assessed this AD and as a result has cancelled Australian AD/F100/75, Amendment 1. The cancellation will become effective on 18 January 2007. A superseding AD/TAY/18, which is applicable to Tay 620/650 series engines, irrespective of the aircraft installation, is being issued simultaneously to correct the original unsafe condition.
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, enacted by the Parliament of Australia, provides the framework for ensuring the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to create regulations necessary for the safety of air navigation. Specifically, under section 98, the Civil Aviation Safety Regulations 1998 were established to implement these safety measures. Regulation 39.001 of these safety regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuing of ADs is integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for ensuring this airworthiness. In response to an AD issued by the European Aviation Safety Agency (EASA) concerning Rolls Royce Tay Engines, CASA has cancelled the Australian AD/F100/75, Amendment 1, and introduced a new AD/TAY/18. This legislative action aligns with Australia’s international obligations under the Convention, ensuring the safe operation of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of civil aviation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) that mandate safety standards for aircraft and aeronautical products. These ADs apply to all aircraft and aeronautical products registered in Australia, ensuring that the safety standards established by the State of Registry are met. The application of these ADs is further aligned with the international obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs as necessary. Any ADs issued by CASA are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. Notably, this legislative framework allows CASA to extend or restrict the application of ADs through subordinate instruments, ensuring flexibility in addressing specific safety concerns as they arise.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, with a focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments in their own right, as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are twofold. Firstly, the State of Design, in this case Europe for the Rolls Royce Tay Engines, has the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the State of Registry. Secondly, the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design, CASA is required to assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can result in significant legal consequences. Under section 98 of the Civil Aviation Act 1988, any breach of the ADs may lead to enforcement actions by CASA. This can include civil penalties for non-compliance, as well as potential criminal charges if the breach is found to have caused significant harm or endangered public safety. The maximum penalties for non-compliance can vary but may include fines and imprisonment, depending on the severity of the breach and its impact on aviation safety.