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 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/7. The cancellation will become effective on 23 November 2006. AD/TAY/17 has replaced this 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 to provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of safety, regulation, and administration within the sector. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The objective of these regulations is to ensure that aircraft remain in a condition that is safe for operation, aligning with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments and therefore subject to disallowance and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for ensuring that necessary information is provided to States of Registry. The State of Registry, which includes Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures alignment with international standards and obligations, as demonstrated by the recent cancellation of Australian AD/TAY/7 and the issuance of AD/TAY/17 in response to EASA’s AD 2006-0288 concerning Rolls Royce TAY series engines. Given the international nature of ADs, no public consultation has been required, and the Office of Regulatory Review has determined that these directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as regulatory tools to ensure the safety and airworthiness of aircraft. As per subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are also legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are critical in maintaining the continuing airworthiness of aircraft, in alignment with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed include the requirement for the State of Design to provide comprehensive information necessary for ensuring the airworthiness of aircraft types. The State of Registry, which in this context is Australia, must then develop or adopt the requirements stipulated in these ADs to ensure that individual aircraft meet the necessary safety standards. For example, when the European Union Aviation Safety Agency (EASA) issued AD 2006-0288 concerning Rolls Royce TAY series engines, CASA, as Australia’s national airworthiness authority, was required to assess this directive and determine if it was necessary to issue an Australian AD to enforce the requirements of the EASA directive.
Failure to comply with the provisions of the ADs can lead to significant legal consequences. If an operator does not adhere to the requirements outlined in an AD, they may face enforcement actions by CASA. Non-compliance could result in penalties under the Civil Aviation Act 1988, which may include fines and other administrative actions. Additionally, continued non-compliance can lead to more severe consequences such as the grounding of the aircraft or even revocation of the aircraft’s certificate of airworthiness, which would render the aircraft unable to operate legally.
In summary, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower CASA to issue ADs to ensure the airworthiness of aircraft. The State of Design and the State of Registry have obligations to provide and adopt necessary requirements to maintain airworthiness. Non-compliance with these directives can result in enforcement actions, penalties, and severe operational consequences for aircraft operators.