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.
The US FAA has issued AD 2007-11-13 affecting Boeing B717 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/11, Amendment 1, which will become effective on 2 August 2007. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs aviation safety in Australia. One of its key provisions allows the Governor-General to create regulations that ensure the safety of air navigation, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives, which mandate specific maintenance and operational requirements for aircraft, are instrumental in maintaining the continuing airworthiness of aircraft and ensuring safety standards are upheld. The ADs are aligned with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with the responsibility for ensuring an aircraft type's continuing airworthiness. CASA issues Australian ADs in response to directives from the State of Design, such as the recent AD/B717/11, Amendment 1, issued in relation to Boeing B717 model aircraft, reflecting the seamless integration of international and domestic aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments and are issued in response to obligations under international conventions, particularly the Convention on International Civil Aviation. The State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and, when necessary, issues Australian ADs to mandate the required safety measures. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, and they extend to international airspace in accordance with international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are also legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that while ADs are legally binding, they can be disallowed by Parliament and are subject to parliamentary scrutiny.
Obligations under this legislation primarily rest on CASA as the national airworthiness authority. CASA is required to assess any ADs issued by the State of Design, which is the country where the aircraft was designed, and determine whether an Australian AD is necessary. This process is mandated to ensure that all aircraft registered in Australia maintain their airworthiness in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. These obligations highlight the collaborative international approach to aviation safety.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties might involve imprisonment, depending on the severity of the breach and the specific provisions of the Act. The exact penalties are not detailed in the provided text but generally align with the regulatory framework governing aviation safety in Australia.
The AD in question, AD/B717/11, Amendment 1, is a direct response to the US Federal Aviation Administration’s (FAA) AD 2007-11-13 for Boeing B717 model aircraft. Since this AD is issued in line with international obligations and in response to an AD from the relevant State of Design, it does not require public consultation or a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring it meets all necessary legal standards before implementation.