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 US FAA has issued AD 2008-17-14 affecting Boeing B727 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/100, Amendment 4, which will become effective on 2 October 2008. 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, Airframes 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 Parliament of Australia, was introduced to regulate civil aviation within Australia and to ensure the safety of air navigation. This Act allows the Governor-General to make regulations in the interest of aviation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are instrumental in maintaining the continuing airworthiness of aircraft, as stipulated by the Convention on International Civil Aviation. CASA issues these ADs in response to obligations under international conventions and directives from the State of Design, ensuring compliance with global aviation safety standards. This particular AD, issued in response to a directive from the US Federal Aviation Administration concerning Boeing B727 aircraft, underscores CASA's role in enforcing safety mandates derived from international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation, as outlined in section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered disallowable instruments under the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, and they are typically issued by the State of Design as per Annex 8 to the Convention on International Civil Aviation. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards and the safety of Australian-registered aircraft. For instance, following the issuance of US FAA AD 2008-17-14 concerning Boeing B727 model aircraft, CASA issued Australian AD/B727/100, Amendment 4, effective from 2 October 2008. This process is conducted in line with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as crucial tools to ensure the ongoing safety and airworthiness of aircraft, aligning with the overarching aim of maintaining safe air navigation as outlined in section 98 of the Civil Aviation Act 1988. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and consequently, it is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
In issuing these airworthiness directives, CASA must act in accordance with its role as Australia's national airworthiness authority. This involves evaluating directives issued by the State of Design—the country responsible for the aircraft type’s design—and determining whether these should be implemented in Australia. For example, the Federal Aviation Administration (FAA) of the United States has issued AD 2008-17-14 concerning Boeing B727 model aircraft. As CASA has assessed this directive and found it necessary, it has issued Australian AD/B727/100, Amendment 4, which will take effect on 2 October 2008. This new directive replaces the previous one, ensuring updated safety measures are enforced.
CASA's obligations under the Convention on International Civil Aviation require it to ensure that all aircraft registered in Australia maintain their airworthiness. This responsibility falls on the State of Registry, which must implement the necessary requirements to uphold the continuing airworthiness of aircraft. Given that ADs are a common form of continuing airworthiness information, CASA's role in issuing these directives is critical. It ensures compliance with international standards and maintains safety across the Australian aviation sector.
Failure to comply with CASA's airworthiness directives can lead to significant legal consequences. While the specific penalties are not detailed in the provided text, non-compliance with ADs generally can result in civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. CASA's enforcement of these directives is aimed at ensuring all aircraft meet the required safety standards, thereby protecting public safety in the aviation sector.