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 UK CAA issued AD G-2006-002, affecting Rolls Royce RB211 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/RB211/35 Amendment 1. The amended AD will become effective on 11 May 2006. 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, 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 provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the industry. One of the mechanisms under this Act is the ability to issue airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998, as stipulated in regulation 39.001. These ADs are legislative instruments that become effective upon issuance and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs, which are mandated by Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which details the continuing airworthiness of aircraft. This process ensures that aircraft maintain their airworthiness standards in alignment with international norms, as overseen by the relevant State of Design and Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA for Australia, is responsible for implementing these directives to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are typically issued in response to directives from the State of Design, such as the UK Civil Aviation Authority's AD G-2006-002 affecting Rolls Royce RB211 series engines. The ADs apply to all aircraft or aeronautical products within the specified categories and are designed to maintain safety standards as required by international conventions. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, reflecting their critical role in ensuring air safety.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issuing of airworthiness directives (ADs) include section 98 of the Act (subsection 84A(2)) and regulation 39.001 of the Regulations (subregulation 39.001(5)). Section 98 allows the Governor-General to make regulations for the Act's purposes, specifically for the safety of air navigation, while regulation 39.001 empowers CASA to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess the information and issue an Australian AD if appropriate, ensuring compliance with the requirements of the State of Design. This ensures that all parties adhere to international standards for airworthiness.
Failure to comply with an airworthiness directive can result in civil or criminal consequences. While the specific penalties are not detailed in the given text, non-compliance with ADs generally falls under the broader regulatory framework of the Civil Aviation Act 1988, which can include fines, imprisonment, or other penalties as prescribed by law. The exact penalties may vary depending on the severity and circumstances of the breach, but they are intended to enforce the safety and regulatory compliance required in aviation.
Given that ADs are integral to maintaining airworthiness and are issued pursuant to international obligations, any breaches can also lead to broader consequences for the aviation industry, including potential grounding of aircraft and significant operational disruptions. The legislative intent is to ensure that all aircraft operating within Australia meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.