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 2007-0113 affecting Rolls Royce Tay series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/TAY/19, which will become effective on 5 July 2007.
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 for the regulation of civil aviation in Australia, with a focus on ensuring safety and efficiency within the industry. Under section 98 of the Act, the Governor-General has the authority to create regulations to uphold the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing the specific processes and requirements for maintaining airworthiness. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to address safety issues with aircraft types or aeronautical products. This mechanism ensures that Australia meets its obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types, and States of Registry must implement necessary requirements to maintain airworthiness.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. The Governor-General has the authority to enact regulations under section 98 of the Act, and regulation 39.001 specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve as a mechanism for the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation. In this context, the State of Design, such as the EASA for Rolls Royce Tay series engines, issues directives which CASA must assess and, if necessary, convert into Australian ADs. This process ensures compliance with international standards and mandates the requirements for maintaining airworthiness within Australia. The issuance of these ADs is governed by Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations that pertain to the safety of air navigation. This includes the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design bears the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing any necessary information to ensure the continued airworthiness of the aircraft type to the appropriate States of Registry. In turn, the State of Registry must establish or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, the Civil Aviation Safety Authority (CASA) is mandated to evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
In the case of the EASA issuing AD 2007-0113 concerning Rolls Royce Tay series engines, CASA has reviewed this AD and subsequently issued Australian AD/TAY/19, which is set to take effect on 5 July 2007. As this AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and to comply with an AD from the relevant State of Design, there has been no consultation with the Australian public. The Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement. The AD was created by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these regulations on the parties they govern include the State of Design's duty to provide necessary information to maintain airworthiness and the State of Registry's responsibility to adopt and enforce airworthiness requirements. CASA, as the national airworthiness authority, must assess ADs from the State of Design and issue corresponding Australian ADs when necessary. Non-compliance with these ADs can lead to serious consequences, including potential penalties and legal ramifications. The Civil Aviation Safety Regulations 1998 do not explicitly detail specific penalties for non-compliance with ADs, but failure to adhere to airworthiness directives can result in severe civil or criminal penalties, including fines and imprisonment, as stipulated by other sections of the Civil Aviation Act 1988.