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 2008-18-05 affecting McDonnell Douglas 717-200 series aeroplanes. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B717/31 which will become effective on 20 November 2008.
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 Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs). These ADs, governed under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) plays a crucial role in this process, issuing ADs in accordance with Australia’s international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types. In this context, CASA has issued Australian AD/B717/31, in response to a corresponding directive from the United States Federal Aviation Administration (FAA) regarding McDonnell Douglas 717-200 series aeroplanes, reflecting Australia's commitment to international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to enhance the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are considered legislative instruments and must be assessed by CASA when issued by the State of Design, in this case, the United States for McDonnell Douglas 717-200 series aeroplanes. The ADs are designed to mandate continuing airworthiness requirements as stipulated by the State of Design and are issued under Australia's obligations under the Convention on International Civil Aviation. Given their international nature and the fact that they are responses to foreign ADs, Australian ADs do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, reflecting Australia's commitment to international safety standards and the ongoing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 extends this authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. ADs are vital as they communicate necessary information for ensuring the continuing airworthiness of aircraft types, a responsibility held by the State of Design under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for the State of Design to provide ongoing airworthiness information to the State of Registry, which must then ensure the aircraft’s compliance with these requirements. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For example, following the issuance of an AD by the United States Federal Aviation Administration (FAA) for McDonnell Douglas 717-200 series aeroplanes, CASA issued Australian AD/B717/31, effective from 20 November 2008. This process ensures that Australian-registered aircraft meet international safety standards.
The Act and Regulations also outline the consequences for non-compliance with ADs. While the specific sections detailing offences and penalties are not provided in this excerpt, it is known that failure to comply with an AD can lead to significant civil and criminal consequences. The severity of these penalties can vary depending on the nature and extent of the breach but may include fines and imprisonment. Additionally, aircraft found to be non-compliant may be grounded, preventing them from operating until the necessary compliance measures are implemented.
It is worth noting that, given the international obligations under the Convention on International Civil Aviation, Australian ADs often do not undergo public consultation or require a Regulatory Impact Statement. Instead, they are issued in response to ADs from the relevant State of Design. For instance, AD 2008-18-05 from the FAA led directly to the issuance of Australian AD/B717/31 without public consultation, reflecting the streamlined process mandated by international agreements. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.