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 issued AD 89-21-02, affecting Boeing B727 model aircraft, in 1989. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate method of compliance which has been approved by the US FAA. The amended AD, AD/B727/111 Amendment 1, will become effective on 1 September 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. Under the authority granted by section 98 of the Act, the Civil Aviation Safety Regulations 1998 were enacted, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The primary objective of these regulations is to maintain the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. This includes ensuring that both the State of Design and the State of Registry are responsible for the aircraft's airworthiness, with CASA acting as the national airworthiness authority in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation safety in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The issuance of ADs falls under the purview of CASA, Australia's national airworthiness authority, which is responsible for assessing information from the State of Design and, when necessary, issuing Australian ADs to mandate the requirements of the State of Design. These directives are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. Exemptions and alternate methods of compliance, as seen in the case of AD/B727/111 Amendment 1, may be approved by CASA in consultation with the relevant State of Design, such as the US Federal Aviation Administration (FAA). No public consultation is required for these ADs, as they are issued in response to international obligations and existing ADs from other states.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and implementation of airworthiness directives (ADs) in Australia. 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 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This is further elaborated in subregulation 39.001(5) which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed on parties and entities by this Act include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the State of Registry to maintain airworthiness standards. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to mandate these requirements.
Breaches of the regulations and ADs can lead to significant consequences. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is understood that failure to adhere to ADs can result in severe civil or criminal penalties, as ADs are integral to maintaining air safety standards. The severity of penalties can vary depending on the nature and extent of the non-compliance, but they may include fines, imprisonment, or both. The Act ensures that these measures are in place to maintain the highest standards of safety in civil aviation.