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 United States Federal Aviation Administration issued AD 2004-18-04 affecting Boeing 717 series aeroplanes in 2004. The United States is the State of Design for these engine types. CASA assessed this AD and issued AD/B717/15. In 2007 the FAA issued AD 2007-19-15 which superseded AD 2004-18-04 and resulted in CASA issuing AD/B717/26. As a result AD/B717/15 is no longer required as the unsafe condition is addressed by AD/B717/26. The cancellation of AD/B717/15 will become effective on 11 January 2010.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes the framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the implementation of its provisions, and section 98 allows for the creation of rules in the interest of aviation safety. In line with these powers, the Civil Aviation Safety Regulations 1998 were formulated, which, under regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The purpose of these ADs is to maintain the continuing airworthiness of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The ADs serve as a crucial tool for communicating necessary safety measures from the State of Design to the State of Registry, with CASA playing a key role in assessing and implementing these directives for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which apply to specified kinds of aircraft or aeronautical products. This legislation is designed to ensure the safety of air navigation by mandating the continuing airworthiness of aircraft registered in Australia, reflecting the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the United States Federal Aviation Administration, issues an AD, CASA must assess the information and, if deemed appropriate, issue a corresponding Australian AD. The ADs are legislative instruments, subject to disallowance, and are not required to undergo public consultation or a Regulatory Impact Statement as they pertain to international obligations and expert assessments. The authority to issue ADs is exercised by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch on behalf of CASA, ensuring that these directives align with the overarching goal of maintaining safe air navigation practices.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The Act and regulations impose several obligations and requirements on the parties and entities they govern. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry. The State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and issue an Australian AD if appropriate. This ensures that Australian-registered aircraft comply with international safety standards.
There are specific offences, penalties, or consequences for breach of the regulations. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs, non-compliance can result in serious safety risks and potential legal action. CASA can take enforcement actions against operators who fail to comply with ADs, which can include fines, suspension or revocation of aircraft certificates, and other regulatory measures. The consequences of non-compliance can be severe, potentially leading to accidents or incidents that compromise the safety of air navigation.