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 2007-0201 to mandate periodic maintenance 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 700/3 to mandate compliance with AD 2007-0201. AD/TRENT 700/3 will become effective on 20 August 2012. Compliance with AD/TRENT 700/3 must be achieved by periodic maintenance.
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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing the need for consistent and enforceable safety regulations in the aviation industry. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. One such regulation, 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, ensuring that these directives align with the safety standards set forth by the Convention on International Civil Aviation. The legislative process for these directives is overseen by the Parliament, with the objective of maintaining high safety standards and ensuring compliance with international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to particular types of aircraft or aeronautical products and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs mandate specific maintenance and operational requirements, ensuring that aircraft continue to meet airworthiness standards. The application of these directives is not limited by geographic boundaries within Australia but is in line with international obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered within Australia and must issue corresponding ADs when required by the State of Design. This process was exemplified by CASA's issuance of AD/TRENT 700/3 in response to an AD from the European Aviation Safety Agency for the Rolls-Royce RB211 Trent 700 engine, which became effective on 20 August 2012. The legislation does not require consultation with the Australian public and is exempt from the need for a Regulatory Impact Statement, while also being compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to enact regulations intended to safeguard air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is further clarified in subregulation 39.001(5), which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs serve as crucial instruments for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
Entities governed by this Act, including CASA, have the obligation to assess and adopt necessary airworthiness directives issued by other states, especially when these states are the State of Design for specific aircraft types. For instance, when the European Aviation Safety Agency (EASA) issues an AD such as AD 2007-0201 for Rolls-Royce RB211 Trent 700 engines, CASA must evaluate this directive and, if deemed appropriate, issue a corresponding Australian AD, such as AD/TRENT 700/3. Such directives mandate compliance with specific maintenance requirements, ensuring that aircraft remain airworthy and safe for operation. The State of Registry, which in this case is Australia, is then responsible for ensuring that these directives are implemented by relevant parties.
There are significant consequences for non-compliance with airworthiness directives. The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, sets out penalties for breaches that could include both civil and criminal liabilities. Civil penalties may include fines up to a certain maximum amount, as prescribed by the regulations, while criminal penalties could include imprisonment or fines depending on the severity of the breach. The specific maximum penalties are detailed in the Civil Aviation Regulations and may vary based on the nature and impact of the non-compliance. These stringent measures underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.