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 2007-19-03 affecting Boeing 717 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/25, 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing the need for safety, efficiency, and regulation in air navigation and related activities. This Act empowers the Governor-General to make regulations for the purposes of the Act, with a strong focus on ensuring the safety of air navigation. A significant provision within this Act is section 98, which authorises the creation of regulations that pertain to airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft, as they mandate specific actions or modifications that must be carried out on certain types of aircraft to ensure safety standards are met. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for particular kinds of aircraft or aeronautical products. This regulatory framework is designed to align with international standards set by the Convention on International Civil Aviation, ensuring consistency and cooperation among contracting states.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. The Act allows the Governor-General to create regulations that promote the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901, and they are essential for maintaining the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, has the responsibility to ensure that aircraft registered in Australia comply with the ADs issued by the State of Design, which in this instance is the United States. The issuance of ADs, such as the one affecting Boeing 717 model aircraft, is made without public consultation due to Australia's international obligations and is not subject to a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations to ensure 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) for specific types of aircraft or aeronautical products. It is important to note that these directives are legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities are significant. The State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to the States of Registry, including Australia. In response, CASA must evaluate this information and, if necessary, issue an Australian AD to ensure compliance with the safety requirements set by the State of Design. This process ensures that aircraft registered in Australia meet the required safety standards as outlined by the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, CASA has issued Australian AD/B717/25, effective from 25 October 2007, in response to the United States Federal Aviation Administration's AD 2007-19-03 concerning Boeing 717 model aircraft. Given that this AD is a direct response to international obligations and an AD issued by the relevant State of Design, no public consultation has been required. Additionally, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was 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.
Failure to comply with the requirements of an airworthiness directive can result in severe consequences. The Civil Aviation Act 1988 and associated regulations impose strict obligations on aircraft operators to adhere to ADs. Non-compliance can lead to serious civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The specific penalties are outlined in the relevant sections of the Act and the Civil Aviation Safety Regulations 1998, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.