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 2003-10-10, affecting Boeing 717 aircraft, in 2003. 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/B717/9 Amendment 1, 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified approach to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to make regulations that promote the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing specific guidelines for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation and ensuring that Australia meets its obligations under international agreements. The Act thus facilitates the coordination between the State of Design and the State of Registry, ensuring that Australian aircraft comply with necessary safety standards as determined by CASA.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation activities in Australia, encompassing both individuals and entities involved in the operation and maintenance of aircraft. The Act provides the authority for the creation and enforcement of regulations designed to ensure the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which serve as legislative instruments. These ADs are critical in maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. The geographic scope of these regulations is national, applying across all states and territories of Australia, and they are issued in response to international obligations and requirements. The Act does not specify any exclusions or exemptions, but it does allow for the issuance of ADs by the State of Design and requires the State of Registry to implement these directives. Subordinate instruments may further extend or restrict the application of the ADs, ensuring that they align with both national and international standards for aviation safety.
Key Provisions
The key operative sections of this piece of legislation pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This includes assessing and implementing airworthiness directives issued by the relevant State of Design, in this case, the United States for Boeing 717 aircraft. When the US Federal Aviation Administration (FAA) issues an AD, CASA must review the information and, if appropriate, issue an equivalent Australian AD to mandate the requirements of the US AD. In this instance, CASA has amended the Australian AD for Boeing 717 aircraft in response to the FAA's AD 2003-10-10, updating the revision status of the referenced service bulletin and allowing the use of later revisions of the service bulletin provided they are approved by the FAA as an alternative method of compliance (AMOC).
There are no explicit obligations or requirements imposed on the parties or entities governed by this legislation beyond the assessment and implementation of airworthiness directives. However, CASA must adhere to the process outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 when issuing ADs. This includes ensuring that any amendments made to an Australian AD are consistent with the requirements of the relevant State of Design and that the amended AD is effective from the specified date.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of this legislation. However, it is important to note that non-compliance with airworthiness directives could potentially result in serious safety risks, and CASA may take enforcement action against aircraft operators or other relevant parties to ensure compliance with the ADs. The maximum penalties for breaches of aviation safety regulations are set out in the Civil Aviation Act 1988 and may include fines and imprisonment, depending on the severity of the offence.