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/3 affecting Rolls Royce (Blackburn) Cirrus series engines. CASA has assessed this AD and as a result has cancelled Australian AD/RRP-C/3. 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 to regulate civil aviation in Australia and ensure the safety of air navigation, allows the Governor-General to make regulations under section 98 for the purposes of the Act and in the interests of safety. These regulations include the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which is a legislative instrument under the Legislative Instruments Act 2003. ADs are critical for ensuring the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, which places the responsibility for such oversight on the State of Design and the State of Registry. The Civil Aviation Safety Authority (CASA) operates as Australia’s national airworthiness authority, mandated to assess and, if necessary, issue Australian ADs based on information provided by the State of Design. In a specific instance, CASA has cancelled Australian AD/RRP-C/3 concerning Rolls Royce (Blackburn) Cirrus series engines, effective from 2 July 2009, due to the resolution of the unsafe condition. This cancellation aligns with Australia's obligations under the Convention, thereby obviating the need for public consultation and a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and serve to ensure the continuing airworthiness of aircraft registered within Australia. The ADs are primarily issued in response to obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design must provide necessary information to maintain airworthiness. Consequently, when an AD is issued by the State of Design against a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements. This legislative framework applies to all aircraft and aeronautical products within Australia, thereby encompassing various entities, including aircraft manufacturers, operators, and maintenance providers, as well as the broader aviation industry. The geographic reach of these regulations is national, applying to all aircraft registered under Australian jurisdiction, irrespective of their location. Any exclusions, exemptions, or thresholds are determined on a case-by-case basis through the issuance of specific ADs, reflecting the nuanced and dynamic nature of aviation safety requirements.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for aviation safety in Australia. Section 98 of the Act (1) allows the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) (2). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (3) empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) (4) classifies ADs as disallowable instruments, meaning they are subject to parliamentary review, and as legislative instruments under the Legislative Instruments Act 2003 (5). The State of Design is responsible for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation (6), and must provide necessary information to the State of Registry to ensure this airworthiness. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to maintain the airworthiness of the aircraft (7).
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has specific obligations when it comes to ADs (8). CASA must assess information provided by the State of Design and decide whether to issue an Australian AD (9). When CASA issues an AD, it must mandate the requirements of the State of Design to ensure the safety of the aircraft (10). In the case of AD/RRP-C/3, CASA assessed the information provided by the State of Design and decided to cancel the directive as the unsafe condition no longer existed (11). This decision reflects CASA’s commitment to ensuring the highest safety standards in Australian aviation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose penalties and consequences for breaches of the ADs and regulations (12). While the specific offences, penalties, and consequences are not detailed in the text provided, it is known that ADs are crucial for maintaining airworthiness and that failure to comply can result in severe penalties (13). The authority to issue ADs and the subsequent responsibilities of CASA underscore the importance of adhering to these directives to maintain safety standards. The cancellation of AD/RRP-C/3 highlights CASA’s role in ensuring that the safety measures are kept up-to-date and effective (14).