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 EASA has issued AD 2007-0086 affecting Rolls Royce TAY engines. The EASA is the State of Design for this engine type. CASA has amended the equivalent Australian AD to AD/TAY/15 Amendment 2 which will become effective on 30 April 2007. 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, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia to ensure the safety of air navigation. This Act empowers the Governor-General to issue regulations for the purpose of maintaining air safety. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which among other provisions, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to align Australian regulations with international standards and ensure the safe operation of aircraft registered in Australia, in line with obligations under the Convention on International Civil Aviation.
In accordance with Annex 8 to the Convention, the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when the State of Design issues an AD for a type of aircraft registered in Australia. This ensures compliance with international obligations and maintains the safety standards required for aircraft operation within Australia. The issuance of such ADs is a direct response to international safety directives, and while they do not require public consultation, they are crucial for upholding the safety and reliability of the Australian civil aviation fleet.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued in accordance with the Civil Aviation Act 1988 and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft registered within its territory. For instance, CASA has issued AD/TAY/15 Amendment 2 in response to an airworthiness directive issued by the European Aviation Safety Agency (EASA) regarding Rolls Royce TAY engines, reflecting Australia's commitment to international standards. These directives do not require consultation with the Australian public or a Regulatory Impact Statement, as they are issued pursuant to Australia's international obligations and in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as clarified in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are essential tools for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design according to Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must assess any ADs issued by the State of Design and may issue an Australian AD to enforce the necessary requirements.
Compliance with ADs is critical for ensuring the safety and airworthiness of aircraft. CASA, as the national airworthiness authority, must rigorously assess any international ADs, such as the one issued by the European Aviation Safety Agency (EASA) for Rolls Royce TAY engines, and determine if an equivalent Australian AD is necessary. If so, CASA will issue an Australian AD to mandate the required changes or inspections. This process is governed by the obligations outlined in Annex 8, which mandates that States of Design and States of Registry collaborate to maintain the safety standards of aircraft.
Failure to comply with ADs can result in significant legal and operational consequences. Under the Civil Aviation Act 1988, operators must adhere to the requirements set forth in ADs, and CASA has the authority to enforce these regulations. Non-compliance with ADs may lead to enforcement actions, including fines or legal penalties. The severity of these penalties is determined by the nature and extent of the non-compliance, and in some cases, can result in the grounding of aircraft until the required actions are taken.
In the specific instance of AD 2007-0086 issued by EASA, CASA amended the equivalent Australian AD to AD/TAY/15 Amendment 2, which became effective on 30 April 2007. This amendment cancels and replaces the previous AD, underscoring the importance of timely and effective communication and compliance with international safety standards. As this AD is issued in response to international obligations and specific design state directives, no public consultation was required, and it has been determined that a Regulatory Impact Statement is not necessary. The 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.