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 Civil Aviation Safety Authority or its predecessors issued AD/RRP-C/1 affecting Rolls Royce (Blackburn) Cirrus series engines. CASA has assessed this AD and as a result has cancelled Australian AD/RRP-C/1. The cancellation will become effective on 2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to ensure the safety of air navigation and to establish a framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, which include maintaining the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments and are required to comply with Australia’s obligations under the Convention on International Civil Aviation, which mandates that the State of Design has responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that any ADs issued by the State of Design are assessed and, if appropriate, implemented in Australia. The cancellation of Australian AD/RRP-C/1 for Rolls Royce (Blackburn) Cirrus series engines exemplifies CASA's adherence to these international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an instrument of the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) which are legislative instruments used to mandate safety requirements for aircraft types. These regulations apply to entities such as aircraft manufacturers, operators, and maintenance organisations that are involved in the design, operation, or maintenance of aircraft registered in Australia. ADs are issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with international standards under the Convention on International Civil Aviation. The geographic reach of these regulations is national, as they pertain to the continuing airworthiness of aircraft registered in Australia. There are no stated exclusions or exemptions under these specific regulations, though the issuance of ADs is contingent upon the assessment of safety risks and the obligations under international conventions. The application of these regulations can be extended or restricted through subordinate instruments, ensuring flexibility in response to emerging safety issues.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are critical for ensuring the safety of aircraft in operation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations include the State of Design's responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to the State of Registry to ensure compliance with airworthiness standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, including the implementation of ADs issued by the State of Design. CASA, as Australia's national airworthiness authority, is required to assess information from the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures.
Failure to comply with the requirements set forth in an AD may result in civil or criminal consequences, depending on the severity of the breach. While specific penalties are not detailed in the provided text, regulatory non-compliance generally carries potential penalties such as fines or imprisonment under relevant aviation laws. CASA ensures that ADs are issued only when necessary to address safety issues, and the process of issuing, amending, or cancelling ADs is closely monitored to maintain the highest standards of aviation safety.
In the specific case of AD/RRP-C/1, which affected Rolls Royce (Blackburn) Cirrus series engines, CASA assessed the information and determined that the unsafe condition no longer existed. As a result, Australian AD/RRP-C/1 was cancelled, effective from 2 July 2009, without the need for a replacement AD. Given the nature of this cancellation and Australia's obligations under the Convention on International Civil Aviation, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.