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 90-24-11 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/B727/101, Amendment 2, which will become effective on 3 July 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 was enacted to regulate civil aviation safety and ensure the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework addresses the need for standardised safety measures across the aviation industry to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The ADs are integral to maintaining the safety standards required under Annex 8 of the Convention, with CASA acting as the national airworthiness authority to issue corresponding Australian ADs when necessary. This legislative process is underpinned by the need to respond swiftly and effectively to international safety directives without the requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and are intended to mandate continuing airworthiness requirements, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued in response to directives from the State of Design, which is the state responsible for the aircraft type, and must be assessed and implemented by the State of Registry, in Australia's case, CASA. For instance, following the US Federal Aviation Administration's issuance of AD 90-24-11 for Boeing B727 aircraft, CASA issued Australian AD/B727/101, Amendment 2, to reflect these requirements within the Australian context. Given that these directives are made to fulfil Australia's obligations under the Convention on International Civil Aviation and do not require specific public consultation or a Regulatory Impact Statement, they are issued by CASA in accordance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative foundation for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as defined under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act promptly and decisively in response to ADs issued by the State of Design. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this case is the United States of America for Boeing B727 model aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type. When such an AD is issued, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
In the case of the US FAA’s AD 90-24-11, CASA has assessed and subsequently issued Australian AD/B727/101, Amendment 2, which supersedes the previous directive and is set to become effective on 3 July 2008. These obligations extend to ensuring that the AD aligns with Australia’s international obligations under the Convention on International Civil Aviation and other relevant agreements. Given the nature of ADs as continuing airworthiness information, CASA’s actions are critical in maintaining the safety standards of the Australian aviation sector.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, while criminal penalties can result in imprisonment for individuals and fines for corporations. Furthermore, the operation of an aircraft that does not comply with an AD can lead to the grounding of the aircraft and potential revocation of the aircraft’s certificate of airworthiness. These stringent measures underscore the importance of adhering to ADs to ensure the highest safety standards in aviation.