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 2. 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 a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA), mandates requirements for the continuing airworthiness of aircraft and aeronautical products registered in Australia. In line with international standards set by the International Civil Aviation Organization (ICAO), the State of Design, such as the United Kingdom in the case of Rolls Royce RB211 series engines, is responsible for issuing ADs that ensure the safety and airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is required to assess these directives and issue corresponding ADs for Australian-registered aircraft. The issuance of these ADs is governed by Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the regulatory framework for ensuring the safety of air navigation in Australia. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, which serve as the primary mechanism for maintaining continuing airworthiness in compliance with international standards. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to address safety concerns and ensure that aircraft meet safety standards. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia, necessitating the adoption or development of requirements to enforce ADs issued by the State of Design, such as the United Kingdom in the case of Rolls Royce RB211 series engines. The ADs are issued without public consultation as they are a response to international obligations under the Convention on International Civil Aviation and do not require a Regulatory Impact Statement. The ADs are made on behalf of CASA by authorised personnel, ensuring that the safety regulations are applied consistently and effectively.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stated in section 98 of the Civil Aviation Act 1988, are issued in the interest of ensuring the safety of air navigation. Furthermore, as per the Acts Interpretation Act 1901, these directives are considered disallowable instruments, and under the Legislative Instruments Act 2003, they are recognised as legislative instruments.
The obligations imposed by these regulations are multifaceted. The State of Design, which in this context is the UK for the Rolls Royce RB211 series engines, has the responsibility to provide any necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which for Australian registered aircraft is CASA, must then assess this information and issue an appropriate AD if necessary. This ensures that the continuing airworthiness of individual aircraft is maintained, as outlined in Annex 8 of the Convention on International Civil Aviation. CASA must act on the AD issued by the UK Civil Aviation Authority (CAA) by amending the equivalent Australian AD, in this case AD/RB211/35 Amendment 2, to mandate the requirements of the UK AD.
Failure to comply with the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Depending on the severity of the breach, this can lead to both civil and criminal penalties. For example, if the AD is related to the airworthiness of an aircraft, non-compliance could potentially result in fines and even imprisonment for the responsible party. The exact penalties can vary, but they are intended to enforce strict adherence to safety standards to protect the public and ensure the safety of air navigation.
The legislative process for issuing an AD, such as AD/RB211/35 Amendment 2, is also noteworthy. The AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, as per subsection 84A(2) of the Civil Aviation Act 1988. This process is governed by Australia's obligations under the Convention on International Civil Aviation and the specific request from industry, which in this case involved a request from the UK CAA. Importantly, because this AD is a direct response to an international directive, no public consultation was required, and the Office of Regulatory Review determined that it does not necessitate a Regulatory Impact Statement.