CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 US FAA issued AD 2000-15-15, affecting Boeing 717 model aircraft, in 2000. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update reference to the related Boeing Service Bulletin and to allow use of later approved revisions. The amended AD, AD/B717/1 Amendment 2, will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to provide a comprehensive framework for the regulation of civil aviation in Australia. In particular, the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and these regulations may include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Regulations 1998 further outline the authority of CASA to issue ADs for specific types of aircraft or aeronautical products, in line with international standards and obligations under the Convention on International Civil Aviation. This legislative framework aims to maintain the continuing airworthiness of aircraft, ensuring that Australian aviation standards align with those of other ICAO Contracting States, and thereby supporting the overarching policy objective of ensuring the highest standards of safety in air navigation.
Scope and Application
The Civil Aviation Act 1988 applies to all persons, entities, and industries involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance organisations, as well as the broader conduct and transactions related to civil aviation. The Act provides the legal framework for ensuring the safety of air navigation and includes provisions for the regulation of airworthiness, licensing, and other safety-related matters. The Civil Aviation Regulations 1998 further detail the specific requirements and procedures that must be followed under the Act, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design and mandates that States of Registry adopt requirements to ensure continuing airworthiness. The specific AD discussed in the explanatory statement pertains to the Boeing 717 model aircraft and has been amended by CASA in response to a U.S. Federal Aviation Administration AD, reflecting Australia's obligations under the Convention on International Civil Aviation. The AD becomes effective on 7 July 2005 and replaces the previous issue without requiring consultation of the Australian public or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) (section 98 and regulation 39.001). Under regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, which is responsible for the initial airworthiness of a type of aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft to States of Registry, including Australia. Accordingly, CASA, as the national airworthiness authority, must evaluate this information and issue an Australian AD if necessary.
The obligations imposed by the ADs are primarily on CASA and the State of Registry of the aircraft. CASA must assess the ADs issued by the State of Design and determine if an Australian AD is required. If an AD is necessary, CASA issues the AD, which mandates the requirements for ensuring the continuing airworthiness of the aircraft registered in Australia. The State of Registry must then ensure that these ADs are complied with by the operators of the affected aircraft. This includes conducting necessary inspections, maintenance, and modifications as specified in the ADs.
Failure to comply with an AD can result in significant consequences. Non-compliance may render an aircraft non-airworthy, leading to potential grounding of the aircraft and legal repercussions for the operator. From a regulatory standpoint, CASA may take enforcement actions against operators who fail to comply with ADs. Such actions can include fines, suspension or revocation of airworthiness certificates, and other penalties as deemed appropriate by CASA. While the specific penalties are not detailed in the AD, they can be severe, reflecting the importance of adhering to airworthiness requirements to ensure safety in aviation.
The AD in question, AD/B717/1 Amendment 2, pertains to Boeing 717 model aircraft and was issued in response to a directive from the US Federal Aviation Administration (FAA). This AD updates the reference to the related Boeing Service Bulletin and allows the use of later approved revisions. The AD becomes effective on 7 July 2005, cancelling and replacing the previous version. 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 State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD is made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.