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 issued AD 2008-0122 affecting Rolls Royce Deutschland Ltd & Co KG Tay series engines. Germany is the State of Design for these types. CASA has amended the equivalent Australian AD to AD/TAY/17 Amendment 1. The amended AD will become effective on 28 August 2008. 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 Airworthiness Engineering Branch, 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 safety and efficiency of civil aviation in Australia and to implement international standards and recommended practices in this area. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide the framework for ensuring the continuing airworthiness of aircraft and aeronautical products. In this context, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns. The issuing of ADs is a legislative instrument under the Legislative Instruments Act 2003, and such directives are considered disallowable instruments under the Acts Interpretation Act 1901. The process of issuing ADs aligns with international obligations under the Convention on International Civil Aviation, ensuring consistency with global safety standards. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues equivalent Australian ADs to mandate the required safety measures.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The ADs serve to implement the international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Additionally, subregulation 39.001(5) designates ADs as disallowable instruments, meaning they are subject to parliamentary review under the Acts Interpretation Act 1901.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on parties governed by these provisions are multifaceted. Firstly, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure compliance with airworthiness standards. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if deemed necessary, issuing an Australian AD to enforce the required safety measures. These obligations are underpinned by Annex 8 to the Convention on International Civil Aviation, which stipulates that both the State of Design and the State of Registry must collaborate to maintain the continuing airworthiness of aircraft.
In terms of compliance and enforcement, the Civil Aviation Safety Regulations 1998 do not explicitly outline offences, penalties, or civil/criminal consequences for breach of ADs. However, the overarching legislation and regulatory framework under which ADs are issued—including the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998—imply that non-compliance could lead to significant regulatory action. While specific penalties for breaching ADs are not detailed in the provided text, failure to adhere to airworthiness directives could potentially result in enforcement actions, fines, or other civil/criminal consequences as determined by CASA or relevant authorities. The severity of such consequences would depend on the nature and extent of the non-compliance and any resultant safety risks.