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 2007-0060-E affecting Rotax series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ROTAX/23 which will become effective on 16 March 2007.
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, enacted by the Parliament of Australia, governs the regulation of civil aviation within the country, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and, if appropriate, issues Australian ADs to mandate these requirements. This legislative framework ensures that Australia meets its international obligations and maintains high standards of aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that ensure compliance with international safety standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures that individual aircraft meet continuing airworthiness standards. In the instance of AD 2007-0060-E issued by the European Aviation Safety Agency (EASA) concerning Rotax series engines, CASA has assessed the directive and issued its own Australian AD/ROTAX/23 to mandate these requirements for aircraft registered in Australia. This process underscores Australia's commitment to international aviation safety standards, ensuring that aircraft operating within its jurisdiction adhere to the necessary safety protocols. As these directives are issued in response to international obligations and requirements, they do not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to create regulations under section 98 for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are registered under the Legislative Instruments Act 2003. Airworthiness directives are crucial for ensuring the continuing airworthiness of aircraft and are commonly issued by International Civil Aviation Organization (ICAO) Contracting States.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. The State of Design, such as the European Aviation Safety Agency (EASA) for Rotax series engines, has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess the information provided by the State of Design and issue corresponding Australian ADs if appropriate. This ensures that Australian registered aircraft meet international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state the consequences for non-compliance with airworthiness directives. However, failing to comply with an AD could potentially lead to civil and criminal penalties under other sections of the Act. For example, section 17(1) of the Civil Aviation Act 1988 prohibits the operation of an aircraft that is not airworthy, and section 23(1) makes it an offence to contravene any regulation. Non-compliance with an AD could be considered a breach of these provisions, leading to enforcement actions by CASA, including fines and potential imprisonment.
It is important to note that while no public consultation has taken place for this particular AD due to Australia's obligations under the Convention on International Civil Aviation, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This AD was 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.