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 2007-19-15 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/B717/26, which will become effective on 22 November 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 Acting 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 Commonwealth Parliament, addresses the regulation of civil aviation within Australia, particularly in relation to ensuring the safety of air navigation. This Act grants the Governor-General the authority to establish regulations that promote the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further provide the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that mandate compliance with safety standards, as specified by the relevant State of Design and State of Registry under the Convention on International Civil Aviation. The policy objective of this legislative framework is to maintain high safety standards in civil aviation, in alignment with international conventions and obligations, and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in accordance with the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, mandate safety measures that must be adhered to by the relevant parties. The ADs are particularly significant in maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft within its registry. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by States of Design and, when necessary, issuing corresponding Australian ADs to enforce these safety requirements. This process ensures that Australian-registered aircraft meet international safety standards, as exemplified by CASA’s issuance of AD/B717/26 in response to the United States Federal Aviation Administration's AD 2007-19-15 for Boeing 717 model aircraft, reflecting Australia's commitment to international civil aviation obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as formal mandates aimed at ensuring the safety and airworthiness of aircraft within Australia. Regulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework is integral to maintaining high safety standards in the aviation sector by aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant authorities are significant. CASA must diligently assess any ADs issued by the State of Design, which is the country where the aircraft was designed, and determine whether these directives are applicable to aircraft registered in Australia. For example, when the United States Federal Aviation Administration (FAA) issued AD 2007-19-15 for Boeing 717 model aircraft, CASA evaluated the directive and subsequently issued Australian AD/B717/26. This action underscores the responsibility of the State of Registry, in this case, Australia, to ensure the continuing airworthiness of aircraft registered within its jurisdiction. The regulations mandate that CASA, as Australia's national airworthiness authority, must either develop or adopt requirements to ensure the safety of these aircraft, thereby fulfilling its obligations under the Convention on International Civil Aviation.
Failure to comply with the provisions outlined in the Civil Aviation Safety Regulations 1998 can lead to serious consequences. While specific penalties for non-compliance with ADs are not detailed in the text, the overarching framework of the Civil Aviation Act 1988 and associated regulations imply that breaches may result in civil or criminal penalties. These could include fines, imprisonment, or other forms of enforcement action, depending on the severity of the breach and its impact on aviation safety. The importance of adhering to these directives cannot be overstated, as they are designed to prevent accidents and ensure the safety of passengers, crew, and the general public. CASA's role in enforcing these regulations is crucial in maintaining the high safety standards expected in the aviation industry.