CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 German Civil Aviation Authority LBA issued AD D-2004-365, affecting Rolls Royce Germany Tay-650 and Tay-651 Aircraft Engines, in 2004. Germany is the State of Design for Tay 650 / Tay 651 Engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 3. The amended AD, AD/TAY/5 Amendment 3, will become effective on 17 March 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a particular focus on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are a critical tool for ensuring the continuing airworthiness of aircraft and are issued by civil aviation authorities in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Australian Civil Aviation Safety Authority (CASA), acting as the national airworthiness authority, is tasked with assessing and issuing ADs in response to directives from the State of Design, ensuring compliance with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to maintain high standards of air safety through consistent and coordinated international efforts.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. The Act applies to all civil aircraft registered in Australia, as well as to entities and individuals involved in the design, manufacture, maintenance, and operation of these aircraft. The ADs are issued to ensure the continuing airworthiness of aircraft, following the guidance under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. The ADs are regulatory instruments that mandate specific actions to address identified safety issues. The ADs are made under the authority granted to the Governor-General by section 98 of the Civil Aviation Act 1988 and are issued in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. The jurisdictional reach of these regulations is national, and they apply across Australia. While ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901, they are typically not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation, as required by the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 then allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. Such directives are essential tools for maintaining the safety and airworthiness of aircraft types and products.
The obligations imposed by these provisions fall on CASA and other relevant authorities. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design when it issues an AD affecting aircraft on the Australian Register. The State of Design, in this case Germany, has the responsibility to provide information necessary to ensure the continuing airworthiness of the aircraft type. CASA must then evaluate this information and, if necessary, issue a corresponding Australian AD to mandate the required safety measures. The State of Registry, which in this context is Australia, must also ensure the continuing airworthiness of individual aircraft by developing or adopting requirements that meet international standards.
Failure to comply with the ADs or other obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. While the text does not detail specific offences or penalties, non-compliance with ADs could potentially lead to safety breaches, which could in turn result in civil or criminal liability for the operators and manufacturers involved. Penalties for such breaches can include fines and other sanctions that are commensurate with the severity of the violation. The seriousness of airworthiness issues means that penalties can be substantial, reflecting the importance of adhering to these safety regulations.
The process of issuing ADs under these regulations also ensures that international standards are met. The Convention on International Civil Aviation, specifically Annex 8, outlines the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. ADs are a common mechanism used by ICAO Contracting States to communicate necessary safety information. In this case, CASA’s amendment of the Australian AD in response to Germany’s AD D-2004-365 demonstrates adherence to these international obligations. The amendment was made without public consultation, as deemed appropriate by the Office of Regulatory Review, and without the requirement for a Regulatory Impact Statement. This streamlined process ensures that necessary safety measures are implemented without unnecessary delay.