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 as a result has cancelled Australian AD/TAY/2 Amendment 2. The cancellation will become effective on 5 July 2007. A replacement AD, AD/TAY/19 has been issued as the original unsafe condition has been corrected by new requirements detailed in that AD.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 by the Parliament of Australia to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing gaps in existing aviation legislation and enhancing safety and efficiency in the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. The policy objective of these regulations is to maintain high safety standards in civil aviation by requiring compliance with international standards set by the International Civil Aviation Organization (ICAO) and by other contracting states. The Civil Aviation Safety Regulations 1998 empower CASA to issue ADs in response to safety concerns identified by the State of Design, and require CASA to assess and implement these directives as necessary to ensure the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988. This regulatory mechanism is integral to ensuring the safety of air navigation by enforcing compliance with airworthiness standards for aircraft and aeronautical products. The authority to issue ADs is particularly pertinent for those involved in the design, manufacture, maintenance, and operation of aircraft within Australia. The application of these regulations is not limited to Australian territory but extends to any aircraft registered within Australia, ensuring that both domestic and international aviation adheres to the prescribed safety standards. Exclusions from these regulations are minimal, primarily focusing on specific types of aircraft or aeronautical products not covered under the Civil Aviation Act or where alternative safety measures are deemed sufficient by CASA. Additionally, certain ADs may be subject to further refinement or restrictions through subordinate instruments issued by CASA, aligning with both national and international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations in the interest of air navigation safety. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. It is important to note that such directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type. This entails providing necessary information to States of Registry to ensure the continued airworthiness of the aircraft. Airworthiness directives are a common means of disseminating such information, and are issued by most International Civil Aviation Organization (ICAO) Contracting States. In the context of Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations of the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation, involve developing or adopting requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue an Australian AD. For instance, the European Aviation Safety Agency (EASA) has issued AD 2007-0113 concerning Rolls Royce TAY series engines, with EASA acting as the State of Design. CASA has assessed this AD and, as a result, has cancelled the Australian AD/TAY/2 Amendment 2, effective 5 July 2007, in response to the issuance of a replacement AD, AD/TAY/19, which addresses the corrected unsafe condition.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly state offences, penalties, or civil/criminal consequences for breaching ADs. However, the overarching legislation, the Civil Aviation Act 1988, includes provisions for penalties and enforcement actions. For example, section 42 of the Act allows for fines of up to $100,000 for individuals and $500,000 for corporations for non-compliance with airworthiness regulations. Furthermore, section 43 permits CASA to take action to ensure compliance, including issuing compliance orders or initiating legal proceedings.