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.
In 1984 the Civil Aviation Authority of the United Kingdom issued AD G-010-05-84 to mandate a periodic health check of the fuel flow regulators in Rolls-Royce
RB211-524D4 engines in Boeing 747 aircraft. The United Kingdom is the State-of-Design of the Rolls-Royce RB211 engine. CASA has reviewed all ADs issued in the United Kingdom for the RB211 and decided to issue AD/RB211/44 to mandate compliance with AD G-010-05-84. Presently there are no Australian-registered Boeing 747 aircraft with RB211-524D4 engines but such aircraft are eligible for registration in Australia in the future. AD/RB211/44 will become effective on
30 April 2012.
This AD is issued because CASA considers it appropriate to do so in view of Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has taken place because it is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
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 for the safety, efficiency and orderly development of civil aviation in Australia. It serves as the foundational statute governing the regulation of civil aviation, including airworthiness directives that are essential for maintaining the safety standards of aircraft registered in Australia. Enacted by the Australian Parliament, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that ensure compliance with safety standards. These directives address potential safety issues identified by the State of Design and mandate corrective actions. This legislative framework is critical in fulfilling Australia's obligations under the Convention on International Civil Aviation, ensuring that aircraft types designed in other countries meet the necessary safety standards when registered in Australia. The policy objective of the Act is to enhance the safety of air navigation by ensuring that all aircraft operating within Australian airspace meet stringent safety requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 to ensure the safety of air navigation, particularly in relation to the continuing airworthiness of aircraft and aeronautical products. These ADs apply to aircraft registered in Australia and to aircraft types that are eligible for registration in Australia, thereby extending to any aircraft that may come under Australian jurisdiction in the future. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. They do not require public consultation as they respond to airworthiness directives issued by the State of Design, which is responsible for the continuing airworthiness of the aircraft type, and in line with Australia’s obligations under the Convention on International Civil Aviation. The ADs do not engage any of the human rights or freedoms as they pertain solely to technical compliance requirements for aircraft airworthiness.
Key Provisions
Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as specified in subregulation 39.001(5), is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901 and is regulated by the Legislative Instruments Act 2003. These directives are pivotal in maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for ensuring the safety and airworthiness of the aircraft type.
The obligations imposed by the Act and the regulations on the parties and entities they govern include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must adopt requirements to maintain the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This collaborative approach ensures that all stakeholders are aware of and comply with the safety standards required for the operation of aircraft within Australia.
Failure to comply with an AD can result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, an operator who does not comply with an AD may face legal action. The severity of the penalties depends on the nature of the non-compliance, with potential outcomes including fines, suspension, or revocation of an aviation licence. Additionally, non-compliance with airworthiness directives can also lead to civil liability, where the operator may be held accountable for any damage or loss resulting from the non-compliance. These provisions underscore the importance of adhering to ADs to ensure the safety and integrity of air navigation in Australia.