CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 German LBA issued AD D-2004-313R3, affecting Rolls Royce Tay series engines, in 2005. Germany is the State of Design for this series of engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TAY/12 Amendment 3. The amended AD, AD/TAY/12 Amendment 3 will become effective on 12 May 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework governing civil aviation in Australia, including the regulation of air navigation safety and the issuance of airworthiness directives. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. Complementing the Act are the Civil Aviation Safety Regulations 1998, which authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must then assess this information and, if appropriate, issue an Australian airworthiness directive to enforce the requirements of the State of Design. This process ensures compliance with international standards and obligations, as exemplified by the recent amendment of the Australian airworthiness directive concerning Rolls Royce Tay series engines, in response to an airworthiness directive issued by the German Federal Aviation Office.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. This Act applies to entities and individuals involved in civil aviation within Australia, including aircraft manufacturers, operators, and maintenance organisations. The ADs are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to mandate requirements necessary for the continuing airworthiness of aircraft and aeronautical products registered in Australia. These directives are integral to ensuring the safety and airworthiness of aircraft types operating within Australian airspace and are subject to disallowance under the Acts Interpretation Act 1901 and classified as legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations is national, as Australia adheres to the requirements set forth by Annex 8 of the Convention on International Civil Aviation, which mandates that States of Design and States of Registry collaborate to maintain aircraft airworthiness. There are no stated exclusions or thresholds in the Act or regulations, but ADs may be amended or extended through subordinate instruments as necessary to address specific safety concerns or industry feedback.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a disallowable instrument and a legislative instrument under sections 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, respectively.
The obligations and requirements imposed by the Act and the Regulations on parties and entities include the responsibility of the State of Design, which is the country where the aircraft type was designed, to provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the ADs issued by the State of Design are effectively implemented within Australia, maintaining the safety standards for Australian-registered aircraft.
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breach of ADs. However, non-compliance with ADs can lead to serious safety issues and potential legal consequences. CASA can enforce compliance through various means, such as inspections, audits, and investigations, and may take action against operators who fail to comply with ADs. Penalties for non-compliance can include fines, suspension or revocation of aircraft certificates, and legal action. The severity of the penalties depends on the nature and extent of the non-compliance and the potential risk to public safety.