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 2009-0089 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/RB211/41, 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, enacted by the Australian Parliament, establishes a legislative framework to ensure the safety and efficiency of civil aviation. The Act allows the Governor-General to create regulations for air navigation safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments made pursuant to section 98 of the Civil Aviation Act 1988 and are designed to maintain the airworthiness of aircraft and aeronautical products. The objective is to align with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design provides necessary information for continuing airworthiness, which the State of Registry, such as CASA, must enforce. The issuance of ADs is a response to international obligations and the need to mandate specific requirements for aircraft registered in Australia, ensuring compliance with international safety standards.
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) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments that aim to ensure the safety of air navigation by imposing requirements that must be met to maintain the airworthiness of the affected aircraft. ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In the event that a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to evaluate this information and, if necessary, issue an Australian AD that enforces the requirements of the State of Design. For instance, the European Aviation Safety Agency's AD 2009-0089 concerning Rolls Royce RB211 series engines has been assessed by CASA and translated into Australian AD/RB211/41, effective from 2 July 2009. Given the international obligations and the direct response to foreign ADs, these directives do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs pertain to specific types of aircraft or aeronautical products and are essential tools for ensuring the continuing airworthiness of aircraft in compliance with international standards. As per subsection 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are issued with the authority and oversight necessary for maintaining the highest safety standards.
The Act imposes several obligations on the parties governed by it. The State of Design, which is responsible for the design of an aircraft type, must provide necessary information to ensure the continuing airworthiness of that type. This includes issuing ADs as appropriate. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and determine if they should be mandated in Australia by issuing corresponding Australian ADs.
Failure to comply with the ADs can lead to serious consequences. Non-compliance with airworthiness directives can result in penalties under the Civil Aviation Act 1988, as well as other relevant legislation. CASA has the authority to enforce compliance through various means, including issuing fines, grounding non-compliant aircraft, and taking legal action against individuals or entities that violate the regulations. The specific penalties for non-compliance are not detailed in the provided text, but they can include significant fines and other legal repercussions.
It is also important to note that while the AD in question was issued without public consultation, it is grounded in Australia’s international obligations under the Convention on International Civil Aviation. This ensures that the AD aligns with global safety standards and practices. Furthermore, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, which streamlines the process while maintaining focus on the primary goal of ensuring air safety.