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 2004-03-21, affecting Boeing 717 aircraft, in 2004. The United States 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 the revision status of the referenced service bulletin and to allow the use of later revisions of the service bulletin provided they are approved by the FAA as an alternative method of compliance (AMOC). The amended AD, AD/B717/13 Amendment 1, 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, enacted by the Commonwealth Parliament, was designed to provide a legislative framework governing all aspects of civil aviation in Australia. This Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under section 98 of the Act. The Civil Aviation Safety Regulations 1998 further support this objective by allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments, aligning with the legislative framework established by the Legislative Instruments Act 2003. The primary policy objective of these provisions is to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, apply to the issuance of airworthiness directives (ADs) for the purpose of ensuring the safety of air navigation. The Act and its regulations mandate that ADs can be issued by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs are legislative instruments, subject to disallowance and the scrutiny of the Legislative Instruments Act 2003. The legislation applies to both the State of Design, which has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which must ensure the continuing airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority, and it must issue an Australian AD when a State of Design issues an AD for a type of aircraft registered in Australia. The ADs are in line with international obligations under the Convention on International Civil Aviation, and as such, they are issued in response to directives from the relevant State of Design, without the necessity for public consultation. The ADs do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, in section 98, grants the Governor-General the authority to make regulations for 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 specified types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations primarily concern the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country responsible for designing a particular type of aircraft, has the overarching responsibility for ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, which is the country where an individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Consequently, when a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
Breaching the obligations and requirements set forth by the Act and the regulations can lead to significant civil and criminal consequences. For instance, failing to comply with an AD can result in severe penalties, including fines and imprisonment. The Civil Aviation Act 1988 does not specify maximum penalties for non-compliance with ADs; however, the severity of penalties often depends on the nature and impact of the non-compliance. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have significant operational and financial implications for the aircraft operator.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives aimed at ensuring the safety of air navigation. The State of Design and the State of Registry bear primary responsibilities for the continuing airworthiness of aircraft, with CASA acting as the regulatory authority in Australia. Non-compliance with these directives can result in serious civil and criminal penalties.