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 has issued AD D-2005-252R1, affecting Rolls Royce TAY series engines. Germany is the State of Design for this engine series. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TAY/15 Amendment 1 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 provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments under the Legislative Instruments Act 2003. ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, issues ADs in response to international ADs and to meet Australia's obligations under the Convention, thereby ensuring the safety of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments that mandate safety measures for aircraft or aeronautical products. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue such directives for aircraft types or aeronautical products registered in Australia, thereby ensuring compliance with the continuing airworthiness requirements as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which in this case is Germany for the Rolls Royce TAY series engines, bears the responsibility of issuing initial ADs, while CASA acts as the national airworthiness authority for Australia, ensuring that any ADs issued by the State of Design are assessed and, if necessary, adopted as Australian ADs. The issuance of these ADs is done without public consultation, as they are driven by international obligations and industry requests, and do not require a Regulatory Impact Statement according to the Office of Regulatory Review. The ADs are made by CASA officials under the authority of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the purposes of the Act, particularly for enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft by mandating specific safety measures or actions.
The obligations imposed by these regulations require CASA, as the national airworthiness authority, to assess and potentially issue Australian ADs when a State of Design issues a corresponding AD. This process ensures that Australian-registered aircraft meet the necessary safety standards. The State of Design, in this case, Germany for the Rolls Royce TAY series engines, has the responsibility to provide necessary information to ensure the continuing airworthiness of their aircraft types, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, Australia, must then adopt these requirements and implement them through Australian ADs.
Failure to comply with the requirements of an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties. For instance, section 102 of the Act provides that a person who contravenes an AD is liable to a penalty. The specific penalties can vary but are designed to ensure strict adherence to safety requirements. Non-compliance can also lead to criminal charges, where CASA can prosecute offenders in court. In such cases, the penalties can include substantial fines and, in severe instances, imprisonment. The precise penalties are determined by the severity of the breach and the specific provisions of the Act and accompanying regulations.