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 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. CASA has decided to issue AD/RB211/47 to mandate compliance with five ADs that specify once-only maintenance on models of the RB211 engine used in aircraft that are eligible for registration in Australia but are not currently registered here. These five ADs were initially issued 10-37 years ago but have not been mandated in Australia in the interim. AD/RB211/47 will become effective on 8 June 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 ADs 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, enacted by the Australian Parliament, provides the legislative framework for civil aviation safety in Australia. It empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing operational aspects. One of the significant issues addressed by this legislative framework is the ongoing airworthiness of aircraft, a critical safety aspect mandated by international standards such as Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products. These directives ensure compliance with international obligations and national safety standards, thereby safeguarding the integrity of the Australian aviation industry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation in accordance with international standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft as per the requirements of the State of Registry and the State of Design under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has a duty to assess and, if necessary, issue Australian ADs to enforce the requirements of foreign ADs. For instance, AD/RB211/47 was issued to mandate compliance with UK ADs for the Rolls-Royce RB211 engine, which is used in aircraft eligible for Australian registration. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as they are responses to ADs issued by the relevant State of Design. Furthermore, the instrument is compatible with human rights and freedoms as recognised in international instruments, with no engagement of applicable rights or freedoms.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued. Section 98 of the Act allows the Governor-General to create regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products. An AD, as specified in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument. The issuance of ADs aligns with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type and requiring the provision of necessary information to States of Registry.
The obligations imposed by this legislation on CASA and other entities are primarily centred around the assessment and enforcement of ADs. CASA, as Australia’s national airworthiness authority, must review and assess any ADs issued by the State of Design, such as the United Kingdom for the Rolls-Royce RB211 engine, to determine their applicability and necessity for aircraft registered in Australia. If CASA deems it appropriate, it must then issue an Australian AD to mandate compliance with the requirements specified by the State of Design. The State of Registry, which in this case is Australia, is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This involves adhering to the ADs issued by CASA, which in turn are based on the ADs from the State of Design.
Failure to comply with the requirements set forth in an AD can lead to various consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance can result in penalties, including fines and imprisonment. The maximum penalties for breaches may vary depending on the specific nature and severity of the violation, but they serve to enforce adherence to airworthiness standards and ensure the safety of air navigation. Additionally, CASA may take enforcement actions, such as grounding non-compliant aircraft, to mitigate any safety risks associated with non-compliance. These provisions underscore the critical importance of adhering to ADs in maintaining the safety and airworthiness of aircraft.