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.
CASA issued AD/B717/4 Amdt 2 in response to the US FAA AD 2001-18-11 affecting Boeing B717 model aircraft. As a result of a request from industry CASA has amended this AD to introduce SB 717-27-0022 Revision 1 as an alternate means of compliance. The amended AD, AD/B717/4 Amdt 3 will become effective on
9 April 2010. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulations governing the air navigation sector. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments, designed to ensure the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988, through its enabling provisions, facilitates the coordination of airworthiness directives issued by the State of Design and adopted by the State of Registry, thus maintaining a uniform approach to aircraft safety across jurisdictions.
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 as outlined in the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. ADs are critical for maintaining the continuing airworthiness of aircraft, with the State of Design holding primary responsibility under Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must assess and potentially issue corresponding ADs when a State of Design issues an AD affecting aircraft registered in Australia. The AD/B717/4 Amdt 3, issued by CASA in response to the US Federal Aviation Administration's AD 2001-18-11, exemplifies this process. Notably, ADs, being international obligations under the Convention on International Civil Aviation, do not require public consultation, nor do they necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD/B717/4 Amdt 3, effective from 9 April 2010, amends the previous directive and introduces an alternate means of compliance.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This regulatory framework is designed to maintain and enhance the safety of air navigation in Australia. An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, as stipulated in subregulation 39.001(5). Such directives are essential tools for ensuring the continuing airworthiness of aircraft types, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations on parties such as CASA and aircraft operators are substantial. CASA, as Australia’s national airworthiness authority, must rigorously assess any ADs issued by the State of Design and, if necessary, mandate the requirements of these directives through Australian ADs. This ensures that aircraft on the Australian Register meet international safety standards. Similarly, the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft, aligning with the requirements set forth by Annex 8. These obligations are critical in maintaining the high standards of aviation safety expected by both national and international standards.
Failure to comply with the mandates set out in an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to civil penalties, including fines. The severity of the penalty can vary, but it is designed to enforce compliance and ensure the safety of air navigation. Additionally, continued non-compliance can result in criminal charges, which may lead to imprisonment, reflecting the seriousness with which aviation safety regulations are treated. These legal repercussions underscore the importance of adhering to the ADs issued by CASA.