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 FAA has issued AD 2007-17-11 affecting Boeing B717-200 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/24, which will become effective on 25 October 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to address the need for comprehensive regulation of civil aviation to ensure safety and efficiency in air navigation. Under the authority conferred by this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide further detail on safety standards and requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to mandate the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to harmonise Australia's approach to aircraft safety with global standards, ensuring that Australian-registered aircraft meet the necessary safety benchmarks established by the relevant State of Design. This systematic approach helps maintain a high standard of safety in the nation's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are critical in maintaining the continuing airworthiness of aircraft, with the State of Registry, in this case CASA, responsible for ensuring compliance. In the context of international obligations under the Convention on International Civil Aviation, particularly Annex 8, Australia must respond to ADs issued by the State of Design, such as the United States in the case of the Boeing B717-200 model aircraft. CASA's issuance of Australian AD/B717/24 in response to FAA's AD 2007-17-11 exemplifies this responsibility. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that enhance the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. These directives are critical for ensuring that aircraft maintain their airworthiness, aligning with international standards set by the Convention on International Civil Aviation, particularly through Annex 8.
The obligations imposed by the Act on CASA and other relevant parties primarily revolve around the assessment and enforcement of airworthiness directives. CASA, as Australia’s national airworthiness authority, must rigorously evaluate any ADs issued by the State of Design, which is the country responsible for the aircraft’s design. If an AD is deemed necessary for Australian-registered aircraft, CASA must issue a corresponding Australian AD to enforce the required safety measures. The State of Registry, which is the country where the aircraft is registered, is also tasked with ensuring the continuing airworthiness of the aircraft, either by developing its own requirements or adopting those from other states. These obligations are essential for maintaining the safety and reliability of aircraft operating in Australian airspace.
Breaches of the airworthiness directives can result in serious consequences. While specific offences and penalties are not detailed in the provided text, violations of airworthiness regulations generally lead to stringent enforcement actions. These can include fines, suspension or revocation of aircraft certificates of airworthiness, and potentially criminal charges for those responsible. The exact penalties can vary depending on the severity of the breach and the specific regulations violated, but the overarching goal is to ensure strict compliance to maintain high safety standards in civil aviation. The seriousness of these potential consequences underscores the importance of adhering to the ADs issued by CASA and other relevant authorities.