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-2005-313R5, affecting Rolls Royce TAY series engines. Germany is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TAY/12 Amendment 5 which will become effective on 19 January 2006. 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 provide a legislative framework for the regulation of civil aviation in Australia, with an overarching focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations for the purposes of the Act, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further outline the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, establishing these ADs as legislative instruments under the Acts Interpretation Act 1901. This legislative framework responds to international obligations under the Convention on International Civil Aviation, ensuring alignment with global standards for airworthiness and safety.
The objective of this legislation is to mandate the continuing airworthiness of aircraft within Australia, in line with international standards, ensuring that Australian aviation remains safe and efficient. The Act and its accompanying regulations provide CASA with the authority to issue ADs in response to directives from the State of Design or as a result of international obligations, thereby maintaining high safety standards across the Australian aviation sector.
Scope and Application
The Civil Aviation Act 1988 applies broadly to entities and individuals involved in civil aviation activities within Australia. Specifically, the Act pertains to the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate airworthiness requirements for aircraft and aeronautical products. These directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of the ADs extends to the continuing airworthiness of aircraft types and individual aircraft registered in Australia, aligning with obligations under Annex 8 to the Convention on International Civil Aviation. The geographic reach of the ADs is national, with CASA issuing Australian ADs in response to directives from the relevant State of Design. Notably, these directives do not require public consultation or a Regulatory Impact Statement, as they are based on international agreements and industry requests. The ADs are issued by CASA on behalf of the Governor-General, ensuring compliance with both national and international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline key provisions regarding the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design, which is the country responsible for the design of an aircraft or aeronautical product, to ensure the continuing airworthiness of the aircraft type and provide necessary information to appropriate States of Registry. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft’s airworthiness. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process is exemplified by the recent amendment to AD/TAY/12 Amendment 5, which was made in response to a German AD concerning Rolls Royce TAY series engines.
Failure to comply with the ADs can result in significant consequences. Although the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, general provisions within the Civil Aviation Act 1988 address offences related to airworthiness and safety. For example, section 49 of the Act states that a person who contravenes certain regulations may be liable to penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, but they can be substantial given the critical importance of air safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the airworthiness of aircraft through the issuance and enforcement of ADs. These regulations impose obligations on both the State of Design and the State of Registry to ensure aircraft safety, and non-compliance can lead to significant penalties, reflecting the high stakes involved in aviation safety.