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 2006-0268-E affecting Rolls-Royce Deutschland TAY 611 model aircraft engines. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TAY/16, which will become effective on 26 October 2006.
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 for the purposes of ensuring safety and efficiency. In line with this objective, the Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) under regulation 39.001. The purpose of these ADs is to ensure that aircraft and aeronautical products meet the necessary safety standards. As stated in the explanatory statement, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are necessary for Australia to meet its obligations under the Convention on International Civil Aviation. In this instance, CASA has issued an Australian AD in response to an airworthiness directive from the European Aviation Safety Agency (EASA), the State of Design, affecting Rolls-Royce Deutschland TAY 611 model aircraft engines. The AD will become effective on 26 October 2006.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments that apply to aircraft registered in Australia and aim to ensure their continuing airworthiness. ADs are issued in response to safety concerns identified by the State of Design, which, under Annex 8 of the Convention on International Civil Aviation, holds responsibility for the airworthiness of aircraft types. When such a directive is issued, CASA must assess its applicability and, if necessary, issue an Australian AD to mandate the requirements for aircraft within the Australian Register. The process is governed by international obligations and does not typically involve public consultation or require a Regulatory Impact Statement. The ADs are issued on behalf of CASA by the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to establish regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulation highlights that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations of the Act and its regulations include ensuring that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the appropriate States of Registry to ensure safety, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In the case of Australia, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards.
Failure to comply with an airworthiness directive can lead to serious consequences. Under section 84A of the Civil Aviation Act 1988, CASA has the authority to issue ADs, and non-compliance with these directives can result in severe penalties. The exact penalties for breach of an AD are not specified in the provided text, but generally, such breaches can lead to enforcement actions, fines, or even grounding of aircraft until compliance is achieved. These measures are crucial to maintaining the high safety standards required in aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. The obligations placed on the State of Design and the State of Registry ensure that aircraft remain airworthy, and CASA’s role in issuing Australian ADs further reinforces compliance with these standards. Non-compliance with ADs can result in significant penalties, thereby upholding the safety and integrity of the aviation industry.