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 European EASA has issued AD 2006-0336 affecting Rolls Royce Germany Tay 620/650 series aircraft engines. Germany / Europe is the State of Design for Tay Engines types. CASA has assessed this AD and has issued Australian AD/TAY/18, which will become effective on 18 January 2007. This AD cancels and replaces AD/F100/75 Amendment 1.
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 allows the Governor-General to create regulations in the interests of air navigation safety, as outlined in section 98. Complementing the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for an aircraft type's continuing airworthiness, and the State of Registry as responsible for the individual aircraft's airworthiness. CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, as demonstrated by the issuance of AD/TAY/18 in response to European AD 2006-0336 concerning Rolls Royce Germany Tay 620/650 series aircraft engines. This process ensures alignment with international standards and obligations while maintaining the highest safety standards for Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988, which mandates that such regulations must be made in the interests of the safety of air navigation. These airworthiness directives serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia, and must comply with directives issued by the State of Design, such as those from European Aviation Safety Agency (EASA) concerning Rolls Royce Germany Tay 620/650 series aircraft engines. This legislative framework ensures that ADs, such as the Australian AD/TAY/18 issued in response to EASA's AD 2006-0336, are implemented to uphold international safety standards. The ADs are issued without public consultation due to their alignment with international obligations under the Convention on International Civil Aviation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The State of Design of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for ensuring the continuing airworthiness of that type. This includes providing necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue a corresponding Australian AD. This ensures that Australian aircraft meet the safety standards set by the State of Design.
CASA’s issuance of ADs, such as AD/TAY/18, is a direct response to an AD issued by the European EASA for the Rolls Royce Germany Tay 620/650 series aircraft engines. Given that this AD is mandated by international obligations under the Convention on International Civil Aviation, and because it directly responds to an AD from the relevant State of Design, no public consultation is required. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The Manager of New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, issues these ADs in accordance with subsection 84A(2) of the Act.
In terms of compliance, entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the airworthiness directives issued by CASA. Failure to comply with these directives can result in severe consequences, including civil and criminal penalties. The specifics of these penalties are not detailed in the provided text, but typically, non-compliance with ADs can lead to significant fines and other enforcement actions. It is critical for operators and manufacturers to ensure that their aircraft and aeronautical products meet the requirements set forth in these directives to maintain airworthiness and avoid legal repercussions.