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 2007 the European Aviation Safety Agency (EASA) issued AD 2007-0260 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 700/2 to mandate compliance with AD 2007-0260. AD/TRENT 700/2 will become effective on 20 August 2012. Compliance with AD/TRENT 700/2 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 Australian Parliament, is designed to ensure the safety and efficiency of civil aviation in Australia. In accordance with this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further regulatory detail, including the issuance of airworthiness directives (ADs). The problem this legislation addresses is the need to maintain the airworthiness of aircraft, ensuring they are fit to fly and safe for passengers and crew, through the implementation of ADs. These directives are issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, to enforce compliance with safety standards as required by international conventions, such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that aircraft registered in Australia meet international safety standards, thereby protecting public safety and maintaining Australia's obligations under international civil aviation agreements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These directives are intended to ensure the safety of air navigation and are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns responsibility for the continuing airworthiness of aircraft to the State of Registry and the State of Design. CASA, as Australia’s national airworthiness authority, assesses and issues ADs to enforce the requirements set by the relevant State of Design, such as the European Aviation Safety Agency (EASA) for the Rolls-Royce RB211 Trent 700 engines. The AD/TRENT 700/2 issued by CASA mandates compliance with EASA's AD 2007-0260, requiring periodic inspections and specific terminating actions to be completed by 31 May 2014. These regulations apply to all aircraft registered in Australia, thereby affecting airlines, aircraft manufacturers, and other entities involved in the aviation industry. The ADs do not require public consultation as they are in direct response to international obligations and pre-existing directives from the State of Design. Moreover, the Office of Regulatory Review has confirmed that ADs do not necessitate a Regulatory Impact Statement and are compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, grants the Governor-General the authority to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. Essentially, these directives are issued to ensure that aircraft and aeronautical products maintain their airworthiness, and they are a common form of continuing airworthiness information issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations imposed by these ADs primarily rest on the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which must ensure the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process was demonstrated in 2007 when the European Aviation Safety Agency (EASA) issued AD 2007-0260 for periodic inspections and actions to terminate these inspections of Rolls-Royce RB211 Trent 700 engines. Upon registration of aircraft equipped with these engines in Australia in 2011, CASA reviewed the EASA’s AD and subsequently issued AD/TRENT 700/2, mandating compliance with AD 2007-0260.
The AD/TRENT 700/2, which became effective on 20 August 2012, mandates that compliance must be achieved through periodic inspections, with terminating actions to be completed before the first flight after 31 May 2014. Given that this AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and due to the involvement of the relevant State of Design, no public consultation has taken place on this AD. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. In terms of human rights, the instrument is deemed compatible with the human rights and freedoms recognized in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument sets out technical requirements without engaging any applicable rights or freedoms. This AD was made by the Manager Continuing Airworthiness, in the Airworthiness & Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.