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 has issued AD G-2005-0028R1 affecting Rolls Royce RB211 series engines. The United Kingdom is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/RB211/34, which will become effective on 19 January 2006.
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 was enacted to establish a regulatory framework for the safe operation of aircraft in Australia, providing the basis for ensuring that civil aviation activities do not pose unnecessary risks to the public. The Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation, as per section 98. A significant aspect of this regulatory framework is the issuance of airworthiness directives (ADs), governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate compliance with airworthiness standards for aircraft and aeronautical products. In accordance with Annex 8 to the Convention on International Civil Aviation, Australia, through CASA, is obligated to respond to ADs issued by the State of Design, ensuring that Australian-registered aircraft meet international safety standards. The legislative process for issuing ADs, as exemplified by the recent Australian AD/RB211/34 issued in response to a UK AD concerning Rolls Royce RB211 series engines, reflects Australia's commitment to international safety protocols and the efficient management of airworthiness information.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, govern the issuance of airworthiness directives under the Civil Aviation Act 1988. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue these directives concerning certain types of aircraft or aeronautical products, thereby establishing safety standards and requirements for their continued airworthiness. This regulatory framework ensures that the aircraft and products meet the necessary safety benchmarks to operate within Australian airspace. As a legislative instrument, an airworthiness directive is subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
These directives apply to aircraft registered in Australia and are consistent with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning aircraft airworthiness. The application of these directives extends to ensuring that Australian aircraft conform to international safety standards, particularly when responding to directives issued by the relevant State of Design. For instance, CASA issues Australian AD/RB211/34 in response to a UK Civil Aviation Authority directive concerning Rolls Royce RB211 series engines. This particular directive became effective on 19 January 2006. Given the international nature of the obligations and the specific nature of the directives, no public consultation or regulatory impact assessment was required under the legislative framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (39.001). These directives are legislative instruments and can be disallowed under the Acts Interpretation Act 1901 (39.001(5)). An airworthiness directive issued by CASA is a binding legal requirement for aircraft registered in Australia, aimed at ensuring the continued safety and airworthiness of those aircraft.
The obligations under this legislation are primarily borne by CASA as the national airworthiness authority. When the State of Design issues an AD, CASA must assess the directive and, if necessary, issue a corresponding Australian AD. This ensures that the requirements set forth by the State of Design are implemented within Australia, maintaining consistent safety standards across international borders. The State of Registry, which is the country where the aircraft is registered, also has the obligation to ensure the continuing airworthiness of its registered aircraft in accordance with Annex 8 of the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences outlined in this excerpt for non-compliance with an airworthiness directive. However, the overarching principle is that failure to comply with an AD could potentially result in severe consequences, including grounding of aircraft, fines, or other regulatory actions, as such non-compliance could directly impact the safety of air navigation. The authority to issue ADs is derived from the Civil Aviation Act 1988, and CASA’s role in enforcing these directives is crucial in maintaining the safety standards required by international aviation conventions.