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 2009-0083 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/RB211/40, which will become effective on
2 July 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a unified and effective legislative approach to aviation safety, efficiency, and regulation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of the significant instruments under this Act is the issuance of airworthiness directives (ADs), which are critical for ensuring the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, reinforcing Australia's commitment to international aviation standards as outlined in Annex 8 to the Convention on International Civil Aviation. These directives serve as a mechanism for addressing safety issues and ensuring compliance with airworthiness requirements.
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) for specific types of aircraft or aeronautical products. These ADs are a legislative instrument and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to provide necessary information for ensuring the continuing airworthiness of aircraft types. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is responsible for assessing such information and issuing corresponding ADs when necessary. In the instance of the AD/RB211/40 concerning Rolls Royce RB211 series engines, CASA has responded to an AD issued by the European Aviation Safety Agency (EASA) and the United Kingdom, the State of Design, by issuing its own AD to mandate the requirements of the original AD in the Australian context. This process does not require consultation of the Australian public or a Regulatory Impact Statement, as it is driven by international obligations and regulatory assessments rather than domestic policy considerations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that ADs are disallowable instruments under the Acts Interpretation Act 1901, thereby classifying them as legislative instruments. This means that ADs carry the force of law and must be complied with by the relevant parties.
The obligations imposed by these regulations require CASA to act when a State of Design issues an AD affecting aircraft types registered in Australia. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has a responsibility to ensure the continuing airworthiness of aircraft types, and must provide necessary information to States of Registry. Consequently, when a State of Design, such as the United Kingdom for Rolls Royce RB211 series engines, issues an AD, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. The State of Registry, in this case Australia, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction, and must therefore comply with ADs issued by CASA.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil penalties, including fines and potential prosecution. The exact penalties can vary based on the severity of the breach and the specific provisions of the AD. Moreover, operating an aircraft that does not meet the requirements of an AD can compromise its airworthiness, leading to safety risks and potential criminal charges for the operators. In cases where an AD is issued in response to international obligations, such as those under the Convention on International Civil Aviation, non-compliance may also result in regulatory actions from other contracting states.
The legislative process for issuing ADs in Australia is designed to ensure that such directives are issued efficiently and effectively, without unnecessary public consultation or extensive regulatory impact assessments. As per the Legislative Instruments Act 2003, ADs are considered legislative instruments and, in some instances, may not require consultation with the public or a Regulatory Impact Statement. This streamlined approach allows CASA to respond promptly to safety concerns and maintain the high safety standards expected in civil aviation. The AD for Rolls Royce RB211 series engines, for example, was issued by CASA following an assessment of the EASA's AD 2009-0083, and was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, in accordance with the Act.