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.
AD/RB211/32 Amendment 2 was raised in response to the United Kingdom Civil Aviation Authority issuing AD G-2005-0008. The United Kingdom is the State of Design for these engines. As a result of a request from industry, CASA has reviewed this AD and determined that the unsafe condition that exists is being addressed by AD/ENG/7. As a result CASA has cancelled AD/RB211/32 Amendment 2. The cancellation will become effective on 30 July 2009.
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, Systems and New Technologies and Systems, 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 Australian Parliament, aims to ensure the safety of air navigation. Complementing this Act are the Civil Aviation Safety Regulations 1998, which provide the framework for the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs that mandate safety measures for aircraft and aeronautical products. Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must enforce these measures domestically. ADs serve as critical tools for maintaining airworthiness, and CASA must assess and implement relevant ADs issued by States of Design to comply with international obligations. The cancellation of a particular AD in response to obligations under the Convention and the assessment by CASA demonstrates the regulatory body’s role in ensuring the safety and compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. These regulations apply to all aircraft registered in Australia, the entities that operate them, and the aeronautical products used within these aircraft. The geographic reach of this legislation is national, encompassing all Australian territory and its territorial waters, and it is subject to the overarching international obligations set forth by the Convention on International Civil Aviation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs to ensure the continuing airworthiness of specific types of aircraft and aeronautical products, ensuring compliance with safety standards. An AD, as noted, qualifies as a disallowable instrument and is thus a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The responsibility for issuing these directives lies with the State of Design, which must provide necessary information to the States of Registry to maintain airworthiness standards. In practice, CASA acts as Australia’s national airworthiness authority, tasked with assessing information from the State of Design and issuing corresponding Australian ADs where necessary. The application of these regulations is further exemplified by the issuance and subsequent cancellation of AD/RB211/32 Amendment 2, which was cancelled due to alignment with international standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, as referenced in this legislation, include regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg 39.001). The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the Act’s purposes and in the interests of air navigation safety (s 98). These ADs are legislative instruments under the Legislative Instruments Act 2003 (s 6), and they are considered disallowable instruments under the Acts Interpretation Act 1901 (s 46A). The ADs issued under these provisions are critical for ensuring the continuing airworthiness of aircraft.
The obligations and requirements imposed by this Act are centred around the issuance and implementation of ADs to maintain airworthiness. The State of Design, such as the United Kingdom in the case of the RB211/32 engines, has the responsibility to issue ADs that address unsafe conditions identified in their aircraft types (Annex 8). The State of Registry, which in Australia is CASA, must assess these ADs and, if appropriate, issue Australian ADs to enforce the State of Design’s requirements (Annex 8). This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards set by the Convention on International Civil Aviation.
In terms of breaches and consequences, the regulations do not explicitly state specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the overarching framework suggests that failure to comply with ADs could result in serious safety implications and potential regulatory action by CASA. While the specific penalties are not outlined in the provided text, non-compliance with airworthiness directives can lead to enforcement actions, including fines, suspension of airworthiness certificates, and other regulatory measures under the Civil Aviation Act 1988 and associated regulations. The seriousness of these consequences underscores the importance of adhering to the ADs for maintaining the safety of air navigation.