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 2007-0136 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 700/4 to mandate compliance with AD 2007-0136. AD/TRENT 700/4 will become effective on 20 August 2012. Compliance with AD/TRENT 700/4 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 by the Parliament of Australia to provide for the regulation of civil aviation in the national interest, including ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD is a legislative instrument under the Legislative Instruments Act 2003. This legislative framework enables CASA to mandate compliance with airworthiness directives issued by other states, ensuring that aircraft registered in Australia meet international standards for safety and airworthiness.
The Civil Aviation (Airworthiness Directives) Instrument 2012 (F2012L01702) is an example of this legislative process in action. It was issued to mandate compliance with an airworthiness directive from the European Aviation Safety Agency (EASA) for Rolls-Royce RB211 Trent 700 engines, which are used in aircraft first registered in Australia in 2011. CASA reviewed the EASA directive and issued its own AD, AD/TRENT 700/4, which became effective on 20 August 2012. The AD requires periodic maintenance to ensure compliance. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation and is based on a directive from the engine's State of Design, no public consultation was deemed necessary. The instrument does not engage any applicable human rights or freedoms, as confirmed by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in Australia. ADs are legislative instruments and are essential for the continuing airworthiness of aircraft registered in Australia. This legislative framework aligns with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design provide necessary information to States of Registry for maintaining aircraft airworthiness. CASA, as Australia's national airworthiness authority, must assess ADs issued by foreign regulatory authorities, such as the European Aviation Safety Agency (EASA), and issue corresponding Australian ADs when necessary. For instance, following EASA's AD 2007-0136 for Rolls-Royce RB211 Trent 700 engines, CASA issued AD/TRENT 700/4 to mandate compliance with these maintenance requirements for aircraft registered in Australia. The issuance of ADs is subject to rigorous assessment processes and is compatible with human rights and freedoms, as determined by the Office of Regulatory Review and the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001 respectively). Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. An AD is a legislative instrument, which means it has the force of law (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003).
The obligations imposed by the Act and Regulations include the requirement for CASA to assess information from the State of Design and, if necessary, issue an Australian AD to mandate the requirements for the continuing airworthiness of aircraft registered in Australia. The State of Registry is responsible for ensuring the continuing airworthiness of each aircraft and must comply with any ADs issued by CASA. For example, in response to AD 2007-0136 issued by the European Aviation Safety Agency (EASA) regarding the Rolls-Royce RB211 Trent 700 engine, CASA issued AD/TRENT 700/4, which mandates compliance with the periodic maintenance requirements outlined in the EASA directive.
Failure to comply with an AD can lead to severe consequences. Non-compliance may result in the grounding of an aircraft or the prohibition of flight operations, which can have significant operational and financial implications for operators. The Civil Aviation Safety Regulations 1998 do not specify particular penalties for non-compliance with ADs; however, general provisions in the Civil Aviation Act 1988 allow for substantial fines and, in serious cases, imprisonment. The exact penalties depend on the specific circumstances and the severity of the non-compliance.
The ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public as they are based on international obligations and the requirements of the State of Design. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, reflecting their technical nature and the specific focus on maintaining aviation safety standards. The instrument is also deemed compatible with human rights and freedoms as it does not engage any of the applicable rights or freedoms, as confirmed by the Office of Regulatory Review.