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 2009-0073R1 affecting Rolls Royce RB211 series engines. The United Kingdom is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/RB211/39 which will become effective on
4 June 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was established to govern and regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act allows for the creation of regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs, which are legislative instruments, serve as critical tools for maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to enhance aviation safety by mandating specific requirements for aircraft and aeronautical products, thereby addressing potential safety issues and ensuring that all aircraft operating within Australian airspace meet stringent safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This legislation applies to entities involved in the design, registration, and operation of aircraft within Australia, ensuring adherence to safety standards mandated by international conventions such as the Convention on International Civil Aviation. ADs are legislative instruments that CASA issues to address specific safety concerns regarding types of aircraft or aeronautical products, and these directives are issued in response to safety directives from the State of Design. For instance, the AD 2009-0073R1 issued by the European Aviation Safety Agency (EASA) concerning Rolls Royce RB211 series engines led CASA to issue its own AD/RB211/39, which will take effect on 4 June 2009. This process underscores Australia’s commitment to international safety standards while ensuring that the Australian public is protected within the national jurisdiction. The issuance of these directives does not require public consultation as they are responses to international obligations, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that promote the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These provisions are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, and must furnish necessary information to the appropriate States of Registry.
Entities governed by the Act and Regulations are required to adhere to the ADs issued by CASA. The State of Design must provide ongoing airworthiness information, while the State of Registry is tasked with developing or adopting requisite measures to ensure the continuing airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with an AD can result in significant consequences. The Civil Aviation Act 1988 and associated regulations impose obligations on aircraft operators and owners to ensure that their aircraft remain airworthy. Non-compliance with an AD can lead to penalties under section 94 of the Civil Aviation Act 1988, which may include fines and imprisonment. The maximum penalties for contravening an AD can be substantial, reflecting the importance of adhering to airworthiness requirements to ensure the safety of air navigation. Civil penalties can include fines up to $222,222, while criminal penalties can include imprisonment for up to five years. These stringent measures underscore the critical nature of adhering to airworthiness directives to maintain safety standards in civil aviation.