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 EASA has issued AD 2008-0176 affecting Rolls Royce plc RB 211 series engines. The United Kingdom is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/RB211/38 which will become effective on 20 November 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 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 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 Australian Parliament, addresses the need for comprehensive regulations to ensure the safety of air navigation. This Act empowers the Governor-General to establish regulations that contribute to the safety of air navigation, with the overarching goal of maintaining high safety standards in the aviation sector. Specifically, the Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that aircraft registered in Australia meet the necessary safety standards, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation as per the Civil Aviation Act 1988. This regulatory power extends to all kinds of aircraft and aeronautical products registered in Australia. ADs serve as critical tools in maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. CASA's role involves assessing ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to mandate the required safety measures. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The geographic scope of these regulations is national, with CASA acting on behalf of Australia in compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The issuance of these directives is governed by CASA's Manager, systems and New Technologies within the Airworthiness Engineering Branch, as stipulated in subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety and airworthiness of aircraft operating within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of safe air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties and entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of the aircraft type, must provide any necessary information to ensure that the aircraft remains airworthy. This is in line with Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Act and Regulations also establish potential offences, penalties, and consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties, including substantial fines and potential imprisonment. For example, section 36 of the Civil Aviation Act 1988 provides for a penalty of up to 500 penalty units (currently approximately AUD 57,000) for non-compliance with an AD. In more severe cases, particularly those involving gross negligence or willful misconduct, the penalties can be significantly higher. CASA has the authority to enforce compliance through various means, including inspections, audits, and legal action against non-compliant aircraft operators or manufacturers.
Additionally, CASA must ensure that any AD issued complies with the legislative requirements, including the necessity to assess the AD’s impact and the absence of a need for public consultation in certain circumstances. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and thus, no consultation of the Australian public has taken place for this particular AD. This reflects the urgent nature of ensuring airworthiness and safety, which often necessitates swift action without the delay that public consultation might impose.