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.
In 2009 the European Aviation Safety Agency (EASA) issued AD 2009-0069 to mandate periodic inspections, and action to terminate the periodic inspections, of Rolls-Royce RB211 Trent 700 engines. The EASA is the aviation regulatory authority in the State of Design of the Rolls-Royce RB211 engine. In 2011, aircraft equipped with RB211 Trent 700 engines were first registered in Australia. CASA has reviewed all ADs for the RB211 Trent 700 issued by the EASA and decided to issue AD/TRENT 700/1 to mandate compliance with AD 2009-0069. AD/TRENT 700/1 will become effective on 20 August 2012. Compliance with AD/TRENT 700/1 must be achieved by periodic inspections; terminating action must be completed before the first flight after 31 May 2014.
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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager Continuing Airworthiness, in the Airworthiness & Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a comprehensive framework for the regulation of civil aviation in Australia. The Act aims to ensure the safety and efficiency of air navigation while promoting the development of the aviation industry. One of the key mechanisms through which the Act achieves this is by enabling the issuance of airworthiness directives (ADs) to address identified safety issues. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that these directives align with the overarching policy objective of maintaining the highest standards of aviation safety. The legislative process for ADs, as detailed in the Explanatory Statement, underscores their role in fulfilling international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives serve as legislative instruments, binding upon entities and individuals involved in the operation, maintenance, and registration of aircraft within Australia. The geographic reach of these regulations is national, extending to all aircraft registered in Australia and those entering Australian airspace, irrespective of their country of origin. ADs are issued in response to safety concerns identified by the State of Design or other contracting states under the Convention on International Civil Aviation, ensuring compliance with international standards and harmonised safety measures. Exclusions and exemptions from these directives are not specified within the regulations themselves but are determined on a case-by-case basis by CASA, reflecting the specific safety requirements and operational contexts. Subordinate instruments may further extend or restrict the application of these ADs, ensuring flexibility in addressing emerging safety issues or technological advancements.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain or improve the airworthiness of aircraft and aeronautical products, ensuring they meet safety standards as per international conventions. Regulation 39.001(5) specifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments. Furthermore, ADs play a crucial role in ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type.
The obligations imposed by the AD on the parties it governs include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry's duty to develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by a State of Design, such as the European Aviation Safety Agency (EASA) in the case of the Rolls-Royce RB211 Trent 700 engine, CASA must assess the information and, if deemed necessary, issue a corresponding Australian AD. This was exemplified by CASA's issuance of AD/TRENT 700/1 to mandate compliance with EASA's AD 2009-0069 for aircraft registered in Australia. Compliance with these directives requires periodic inspections, with a specific deadline for terminating the periodic inspections set for before the first flight after 31 May 2014.
The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with airworthiness directives. Under regulation 39.009, any person who fails to comply with an AD can be subject to enforcement action. The specific civil or criminal consequences for breach depend on the nature and severity of the non-compliance. For instance, repeated or egregious non-compliance may result in fines or other penalties as stipulated by the regulations. The exact penalties are not detailed in the explanatory statement, but they can be severe, reflecting the critical importance of air safety and compliance with airworthiness directives.
Compatibility with human rights and freedoms is also addressed in the explanatory statement. It is noted that the AD does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, as they are technical requirements aimed solely at ensuring the safety of aircraft and aeronautical products. Therefore, the instrument is deemed compatible with human rights and freedoms, ensuring that the stringent airworthiness standards do not infringe on any fundamental rights.