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 issued AD 2007-0025 affecting BRP-Rotax 912 and 914 series engines. The EASA is the State of Design for these engine series. CASA has amended the equivalent Australian AD to AD/ROTAX/17 Amendment 2. The amended AD will become effective on 7 June 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments that mandate safety measures for aircraft and aeronautical products. The ADs are issued by the Civil Aviation Safety Authority (CASA) and are crucial for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. This particular legislation addresses the gap in ensuring that Australia's aviation safety measures align with international obligations and standards, particularly through the assessment and adoption of ADs issued by other Contracting States, such as the European Aviation Safety Agency (EASA).
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) which are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are intended to address issues related to the continuing airworthiness of aircraft registered in Australia. The State of Design has the overarching responsibility for continuing airworthiness, while the State of Registry, in this case CASA, is responsible for implementing and enforcing these regulations within Australia. This AD specifically pertains to BRP-Rotax 912 and 914 series engines, where CASA has amended the Australian AD to align with the European Union Aviation Safety Agency's (EASA) AD 2007-0025. This amendment is a direct response to international obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
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. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations under the Act and Regulations primarily rest on CASA as the national airworthiness authority. CASA must assess information provided by the State of Design and, if necessary, issue an Australian AD to ensure compliance with international safety standards. For example, when the European Aviation Safety Agency (EASA) issued AD 2007-0025 concerning BRP-Rotax 912 and 914 series engines, CASA amended the equivalent Australian AD to AD/ROTAX/17 Amendment 2. This obligation ensures that Australian-registered aircraft meet international safety requirements and maintain airworthiness standards.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines and the potential grounding of aircraft, while criminal penalties may involve imprisonment, reflecting the seriousness of safety breaches in aviation. The specific penalties depend on the nature and severity of the breach, but the overarching goal is to enforce strict adherence to airworthiness directives to ensure public safety and compliance with international aviation standards.