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 2006-0288 affecting Rolls Royce TAY engines. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TAY/17, which will become effective on 23 November 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 was enacted to provide a comprehensive legal framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such regulation, Regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism is crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In response to the European Aviation Safety Agency’s AD 2006-0288 concerning Rolls Royce TAY engines, CASA issued Australian AD/TAY/17, reflecting Australia’s commitment to international civil aviation standards. The issuance of this AD was conducted under the authority vested in CASA by the Act and was not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in the interests of ensuring the safety of air navigation. The authority to issue ADs is derived from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations necessary for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for kinds of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in response to the obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's responsibility for the continuing airworthiness of an aircraft type and requires the State of Registry to ensure the continuing airworthiness of individual aircraft. As such, CASA must assess and, if necessary, issue Australian ADs to mandate the requirements of ADs from other States of Design, such as the European Aviation Safety Agency (EASA) in this case. This process does not involve public consultation as it is governed by international obligations, and no Regulatory Impact Statement is required according to the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation. These regulations are designed to provide a framework within which the Civil Aviation Safety Authority (CASA) can operate. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory power is crucial for maintaining and ensuring the safety standards of aircraft operating within Australia.
An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. It is also considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This means that ADs have legal authority and are binding on the entities they govern. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft type. The State of Registry, in this case, CASA, is then responsible for assessing this information and issuing an AD if deemed necessary to mandate the requirements of the State of Design.
The obligations imposed by the Act and the regulations require CASA to act swiftly and effectively in response to ADs issued by the State of Design. For example, the European Aviation Safety Agency (EASA) has issued AD 2006-0288 concerning Rolls Royce TAY engines. As EASA is the State of Design for these engines, CASA must assess the directive and, if appropriate, issue an Australian AD. In this instance, CASA has issued Australian AD/TAY/17, which will become effective on 23 November 2006. This process ensures that Australian aircraft meet the necessary safety standards as outlined by international agreements.
There are no penalties explicitly stated in the provided text for failing to comply with ADs. However, the non-compliance with such directives could potentially result in significant safety risks, leading to civil or criminal consequences under other sections of the Civil Aviation Act 1988 or related legislation. It is crucial for operators to adhere strictly to ADs to avoid any legal repercussions and ensure the safety of air navigation.