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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/RB211/41 affecting Rolls Royce RB211 series turbine engines. The EASA issued AD 2009-0253 on 30 November 2009 which supersedes the requirements of AD/RB211/41 and as such this AD has been cancelled. The EASA acts on behalf of the United Kingdom which is the state of design for these engines. The cancellation will become effective on 14 December 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation safety in Australia, addressing gaps in the regulation of air navigation safety. Under this Act, the Governor-General has the authority to make regulations, including issuing airworthiness directives to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory processes, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. The policy objective behind these regulations is to uphold the highest standards of airworthiness, ensuring the safety of air navigation in compliance with international standards set by the International Civil Aviation Organization (ICAO). The legislative process for creating these directives involves CASA, as Australia's national airworthiness authority, assessing information from the State of Design and, if necessary, issuing corresponding Australian airworthiness directives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments, subject to disallowance and scrutiny under the Legislative Instruments Act 2003. The authority to issue these directives extends across the Commonwealth of Australia, impacting the aviation industry by mandating safety requirements for aircraft registered in Australia, as well as any aircraft types designed in other states such as the United Kingdom. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in line with Annex 8 to the Convention on International Civil Aviation. The specific AD/RB211/41 concerning Rolls Royce RB211 series turbine engines, issued by CASA, was superseded by an equivalent directive from the European Aviation Safety Agency (EASA), leading to its cancellation and reflecting the collaborative international approach to aviation safety regulation. This regulation applies directly to entities involved in the design, registration, and operation of the affected aircraft types within Australia's jurisdiction.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, as amended, pertain to the issuance of airworthiness directives (ADs) under regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. Under subregulation 39.001(5), ADs are recognised as disallowable instruments, meaning they are subject to specific parliamentary scrutiny processes as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework is designed to maintain high safety standards in civil aviation, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has overarching responsibility for the continuing airworthiness of aircraft types.
The obligations imposed by these regulations require CASA to closely monitor and respond to ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Rolls Royce RB211 series turbine engines. CASA must assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. This process ensures that aircraft registered in Australia meet international safety standards, thereby safeguarding public safety and maintaining the integrity of the national aviation system. Additionally, the State of Registry is mandated to develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Any failure to comply with ADs may result in significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to enforcement actions, including fines and potential criminal charges. The specific penalties for breaches of these regulations are not detailed in the provided text, but generally, such breaches can attract substantial penalties, reflecting the critical importance of adhering to safety directives. Ensuring compliance with ADs is therefore essential for all parties involved in the operation and maintenance of aircraft within Australia.