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 European Aviation Safety Authority (EASA) has issued AD 2007-0310R1 affecting Rolls Royce RB211 series engines. EASA acts on behalf of the United Kingdom, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/RB211/37, which will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation, and it grants the Civil Aviation Safety Authority (CASA) the authority to issue regulations to achieve these objectives. One such regulation, the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) to mandate requirements for the continuing airworthiness of aircraft. The ADs are legislative instruments under the Legislative Instruments Act 2003. The issuance of these directives is in response to Australia’s obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft meet international safety standards. This legislation addresses the need for a unified approach to aircraft safety across different jurisdictions, and it facilitates the coordination between the State of Design and the State of Registry in maintaining airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901, and are subject to disallowance. The issuance of ADs is crucial for ensuring the continuing airworthiness of aircraft, aligning with obligations under Annex 8 of the Convention on International Civil Aviation, which places the responsibility on the State of Design for providing necessary information. In Australia, CASA, as the national airworthiness authority, must evaluate and, when appropriate, issue Australian ADs to enforce the requirements set by the State of Design. For instance, following the European Aviation Safety Authority's issuance of AD 2007-0310R1 concerning Rolls Royce RB211 series engines, CASA issued Australian AD/RB211/37, effective from 13 March 2008. Given that these directives arise from international obligations and in response to directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement. Instead, they are issued by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. In line with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for an aircraft type's ongoing airworthiness, providing necessary information to ensure compliance with airworthiness standards. Meanwhile, the State of Registry is accountable for the individual aircraft's continuing airworthiness, ensuring that it meets the required standards. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by the AD include ensuring that all relevant aircraft and aeronautical products comply with the specified standards and requirements. CASA, as Australia's national airworthiness authority, must assess the AD issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the required compliance measures. The State of Registry, in this case, is responsible for the aircraft's continuing airworthiness, which includes implementing the ADs issued by CASA. This entails ensuring that all aircraft and aeronautical products meet the safety standards and requirements outlined in the AD, and taking appropriate action if any discrepancies are identified. This process ensures that all aircraft operating within Australian airspace meet the necessary safety standards and requirements.
In terms of consequences for non-compliance, the AD does not specify any particular offences, penalties, or civil or criminal consequences. However, failure to comply with the AD requirements may result in the grounding of affected aircraft until they meet the required safety standards, which could have significant operational and financial implications for operators. Additionally, CASA has the authority to take enforcement action against non-compliant aircraft operators, which may include fines, penalties, or even the suspension or revocation of an operator's certificate. It is essential for all parties involved to adhere to the AD requirements to ensure the safety and continued airworthiness of aircraft operating within Australian airspace.