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 German LBA issued AD D-2004-313R4, affecting Rolls Royce TAY series engines. Germany is the State of Design for this engine. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TAY/12 Amendment 4 which will become effective on 27 October 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 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 establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. Under this Act, the Governor-General has the authority to create regulations that support the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific provisions. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for particular types of aircraft or aeronautical products, reflecting a commitment to international standards as outlined in Annex 8 of the Convention on International Civil Aviation. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types and ensuring compliance with safety regulations. This legislative framework enables CASA to respond to directives issued by the State of Design, thereby upholding Australia’s obligations under international conventions while ensuring the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the Civil Aviation Act 1988, provide the legal basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that pertain to specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these items. The authority to issue such directives stems from Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority and must assess information from the State of Design to issue corresponding Australian ADs, which are binding on the Australian Register. The issuance of ADs is not subject to public consultation as it is driven by international obligations and specific industry requests, and it does not require a Regulatory Impact Statement. This particular AD, AD/TAY/12 Amendment 4, pertains to Rolls Royce TAY series engines and is a response to an AD issued by Germany, the State of Design for this engine type.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for civil aviation safety in Australia, allowing for the creation of regulations that ensure the safety of air navigation. Under this Act, specifically section 98, the Governor-General has the authority to make regulations that are in the interest of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and its associated regulations require that the State of Design, which is the country responsible for the design of an aircraft, maintain overall responsibility for the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to ensure the aircraft's airworthiness to the States of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
In the case of the German LBA's AD D-2004-313R4, which pertains to Rolls Royce TAY series engines, Germany, as the State of Design, issued this directive. CASA, upon request from industry, amended the corresponding Australian AD to AD/TAY/12 Amendment 4, effective from 27 October 2005. This amendment cancels and replaces the previous AD. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation was necessary. Additionally, the Office of Regulatory Review has concluded 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.
There are potential consequences for non-compliance with the provisions of ADs. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in civil penalties. The severity of the penalties can vary, but they may include fines and, in some cases, imprisonment for serious breaches. Additionally, CASA can take enforcement actions such as grounding aircraft that do not comply with the ADs, which can have significant operational and financial repercussions for the operators. Criminal penalties may apply in cases of gross negligence or willful disregard of safety regulations, leading to more severe consequences including substantial fines and imprisonment.