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 United Kingdom CAA issued AD 007-10-99, affecting Rolls Royce plc RB 211 series engines. The United Kingdom is the State of Design for this engine series. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/RB211/27 Amendment 3. The amended AD will become effective on
20 November 2008. This AD cancels and replaces the previous issue.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation within Australia and internationally. The Act empowers the Governor-General to create regulations, with the Civil Aviation Safety Regulations 1998 providing specific provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with the obligations under the Convention on International Civil Aviation. The policy objective is to ensure that Australian aircraft meet international safety standards by adopting and implementing ADs issued by the relevant State of Design. This regulatory approach ensures that CASA, as Australia’s national airworthiness authority, can mandate the necessary requirements to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being tasked with the responsibility of issuing airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory framework ensures that Australia's airworthiness standards are maintained in alignment with international obligations, particularly those stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United Kingdom for the Rolls Royce RB 211 series engines, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, which includes Australia. CASA, as Australia's national airworthiness authority, assesses this information and, when necessary, issues corresponding ADs to mandate the required safety measures. These ADs are legislative instruments subject to disallowance and are crafted to harmonise with international standards, ensuring consistency and safety across global aviation operations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations for the Act’s purposes, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that the safety and airworthiness of aircraft are maintained consistently with international standards.
The obligations imposed by these provisions on CASA and other parties include the assessment and implementation of ADs issued by the State of Design. The State of Design, which in this case is the United Kingdom for Rolls Royce plc RB 211 series engines, is responsible for providing necessary information to ensure the continuing airworthiness of the aircraft type. CASA, as the State of Registry for aircraft in Australia, must review this information and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This collaboration between the State of Design and the State of Registry ensures that safety standards are uniformly applied across international borders.
Breach of the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. Failure to comply with an airworthiness directive can result in the grounding of an aircraft, which can have significant operational and financial repercussions for airlines. Additionally, under the Civil Aviation Act, penalties for non-compliance can include fines and imprisonment. For instance, under section 38 of the Act, individuals or corporations found guilty of an offence can face substantial fines, with the exact amount determined by the severity of the breach and the specific regulatory context.
The Civil Aviation Safety Regulations 1998 also outline specific penalties for breaches. For example, under regulation 39.001(6), a person who contravenes an airworthiness directive can be subject to a penalty of up to $16,500 for an individual or $82,500 for a body corporate, depending on the nature and extent of the violation. These penalties are designed to enforce compliance and maintain the high safety standards mandated by the Act and its associated regulations. The imposition of these penalties serves as a deterrent against non-compliance, ensuring that all parties adhere to the necessary safety protocols.