CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 US FAA issued AD 2001-18-11, affecting Boeing 717 aircraft, in 2001. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the revision status of the referenced service bulletin and to allow the use of later revisions of the service bulletin provided they are approved by the FAA as an alternative method of compliance (AMOC). The amended AD, AD/B717/4 Amendment 2, will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of air navigation within Australia. It empowers the Governor-General to make regulations that serve the interests of aviation safety. Complementing this Act, the Civil Aviation Safety Regulations 1998 further define the framework for maintaining airworthiness standards, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs, which are legislative instruments subject to disallowance, are essential for ensuring the continuing airworthiness of aircraft in accordance with international standards set forth in the Convention on International Civil Aviation. The objective of these regulations is to harmonise Australia's approach to air safety with international practices, ensuring that Australian aircraft meet global safety benchmarks.
Scope and Application
The Civil Aviation Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 specifically allowing the issuance of airworthiness directives (ADs) for certain aircraft types or aeronautical products. These directives, which are legislative instruments, are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry. In the context of Australia's obligations under Annex 8 to the Convention on International Civil Aviation, the Civil Aviation Safety Authority (CASA) must issue corresponding ADs when the State of Design issues them for aircraft types registered in Australia. This legislative framework extends to all aircraft registered within Australia, thereby encompassing both commercial and private entities within its scope. The ADs serve to mandate specific safety requirements, ensuring compliance with international standards and facilitating the safe operation of aircraft in Australian airspace.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives (ADs) for aircraft. Specifically, section 98 of the Act allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are a common form of continuing airworthiness information as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by this legislation are primarily on CASA as Australia's national airworthiness authority. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft maintain their airworthiness in accordance with international standards. The State of Registry of an individual aircraft also has the responsibility for its continuing airworthiness, requiring them to develop or adopt appropriate requirements.
Breaching the requirements set out in an AD can result in significant consequences. The Civil Aviation Act 1988 and associated regulations do not specify the exact penalties for non-compliance with ADs, but they generally include both civil and criminal liabilities. Civil penalties may involve fines or other monetary penalties, while criminal penalties could include imprisonment. The severity of these penalties reflects the importance of adhering to airworthiness directives to maintain the safety of air navigation. Failure to comply with ADs can lead to serious safety risks, highlighting the critical role these directives play in aviation safety.