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-2005-252 affecting Rolls Royce TAY series engines. Germany is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/TAY/15, which will become effective on 29 September 2005.
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 Australian Parliament, establishes the framework for the regulation of civil aviation in Australia, including the oversight of airworthiness standards. To address the need for consistent and internationally harmonised airworthiness requirements, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. This mechanism ensures that Australia can respond appropriately to safety concerns raised by the State of Design of aircraft or aeronautical products, thereby aligning with international standards set by the Convention on International Civil Aviation. The policy objective of these regulations is to maintain and enhance the safety of air navigation through the effective implementation of ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation within Australia, extending to all aircraft registered in Australia and to certain aeronautical products. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance, and they serve to mandate safety requirements in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in the case of Rolls Royce TAY series engines is Germany, has the responsibility for issuing ADs that address continuing airworthiness issues, and CASA, as the national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs. These directives apply to the continuing airworthiness of aircraft and aeronautical products registered in Australia, ensuring compliance with safety standards and operational requirements. While the issuance of ADs is governed by international obligations and specific statutory provisions, they do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98, which allows the Governor-General to make regulations for air navigation safety, and regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be followed as per the regulations. The ADs are a common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States, as per Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by these provisions on parties and entities are significant. The State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure airworthiness to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international airworthiness standards.
There are potential offences, penalties, or consequences for breach of these regulations. While the specific penalties are not stated in the text, breaches of airworthiness directives can result in severe consequences for both the operator and the manufacturer of the aircraft. This may include fines, suspension or revocation of airworthiness certificates, and in some cases, criminal charges. The seriousness of these penalties underscores the importance of adhering to airworthiness directives and maintaining the highest safety standards in the aviation industry.