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 2009-0187R1 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/RB211/42, which will become effective on
22 October 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, Future Technology and Regulatory Trends of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to govern and ensure the safety of civil aviation within Australia, includes provisions for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The authority to issue ADs stems from Australia’s commitment to the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design provide information necessary for the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, evaluates and, if necessary, issues Australian ADs to enforce these requirements. For instance, in response to an AD issued by the European Aviation Safety Agency affecting Rolls Royce RB211 series engines, CASA issued Australian AD/RB211/42, effective from 22 October 2009. The process does not involve public consultation as it is driven by international obligations, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD is issued by the Manager, Future Technology and Regulatory Trends of CASA, in line with the Civil Aviation Act.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 under the Civil Aviation Act 1988 apply to the persons, entities, and industries involved in the operation and maintenance of aircraft within Australian airspace and those registered under Australian jurisdiction. This legislation mandates that airworthiness directives (ADs), which are regulatory instruments issued to ensure the continuing airworthiness of aircraft, must be issued by the Civil Aviation Safety Authority (CASA) when necessary. These directives apply to the specific types of aircraft or aeronautical products identified in the regulations, and they extend to all relevant stakeholders including aircraft operators, maintenance providers, and manufacturers. Geographically, the application of these regulations is national, covering all aircraft registered in Australia regardless of their operational location. While the regulations are comprehensive, certain exclusions or exemptions may apply based on specific circumstances or types of aircraft, but these are not detailed in the provided explanatory statement. The application of these regulations can be extended or restricted through subordinate instruments, which are issued in accordance with the legislative authority granted under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as noted, are legislative instruments under the Acts Interpretation Act 1901, which allows for disallowance under section 46A, and they are subject to the scrutiny outlined in the Legislative Instruments Act 2003. The Civil Aviation Act 1988 (section 98) provides the overarching authority for CASA to make such regulations for the safety of air navigation.
These ADs are crucial for ensuring the continuing airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for maintaining the airworthiness of an aircraft type, including providing necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure that individual aircraft remain airworthy. When the State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements. This process ensures that Australian-registered aircraft meet international safety standards.
CASA, as the national airworthiness authority, has assessed the European Aviation Safety Agency's (EASA) AD 2009-0187R1, which pertains to Rolls Royce RB211 series engines. The United Kingdom is the State of Design for these engines. CASA has subsequently issued Australian AD/RB211/42, which will take effect on 22 October 2009. This AD is a direct response to Australia’s commitments under the Convention on International Civil Aviation, and no public consultation was necessary as it aligns with international obligations.
Violators of ADs can face significant consequences. While the specific provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 do not detail the exact penalties within the provided text, non-compliance with ADs generally leads to severe penalties, which may include substantial fines and imprisonment. The severity of these penalties reflects the critical importance of adhering to airworthiness directives to maintain safety in air navigation.