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 2005-19-24 affecting Boeing 727 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/151, Amendment 1, which will become effective on 22 December 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 establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations, including regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aimed at maintaining the continuing airworthiness of aircraft in line with international standards set by the International Civil Aviation Organization (ICAO). The enactment of these directives is crucial for Australia to fulfil its obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft meet the required safety standards as determined by their State of Design and enforced by CASA, the national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products. Regulation 39.001 of these regulations mandates that ADs serve as essential instruments for maintaining the continuing airworthiness of aircraft, which is in line with the overarching responsibility of the State of Design as per Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, evaluates and, if necessary, issues Australian ADs to enforce the requirements set by the State of Design. The ADs are legislative instruments as per the Legislative Instruments Act 2003 and are issued without public consultation due to Australia's international obligations under the Convention on International Civil Aviation. This particular AD, issued in response to the US FAA's AD 2005-19-24 for Boeing 727 model aircraft, mandates adherence to the safety requirements established by the State of Design, ensuring compliance and safety across the Australian aviation sector.
Key Provisions
The Civil Aviation Act 1988, as amended, grants the Governor-General the authority to create regulations that ensure the safety of air navigation (section 98). Under this authority, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)). ADs are a standard method used by International Civil Aviation Organization (ICAO) Contracting States, including Australia, to maintain the airworthiness of aircraft types, in line with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the ADs on the parties involved are significant. The State of Design, in this case, the United States Federal Aviation Administration (FAA), holds the primary responsibility for the continuing airworthiness of the Boeing 727 aircraft type. They must issue ADs to address any safety concerns. The State of Registry, which is Australia in this instance, must adopt these ADs and issue their own ADs to ensure compliance with the safety requirements for aircraft registered within their jurisdiction. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing appropriate ADs to mandate these requirements for aircraft registered in Australia.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can include fines and imprisonment. Specifically, for a body corporate, the maximum penalty for contravening an AD can be up to $1,215,000, while individuals may face penalties up to $243,000 or imprisonment for up to five years, or both. These penalties underscore the importance of adhering to ADs to maintain the safety standards required by the Act.