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 United States FAA issued AD 2007-11-08 affecting Boeing 727 series aircraft in 2007. The United States is the State of Design for these types. CASA assessed this AD and as a result issued AD/B727/205. AD/B727/205 provided terminating action for repetitive inspection requirements of AD/B727/161, Amendment 1. The compliance time for terminating action has now passed and the repetitive inspection requirements are now redundant. Consequently, CASA has cancelled Australian AD/B727/161, Amendment 1. The cancellation will become effective on 13 March 2008.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies 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 by the Commonwealth Parliament to regulate civil aviation activities within Australia, focusing on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including those related to airworthiness directives, which are integral to maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives that apply to specific types of aircraft or aeronautical products. These directives are legislative instruments that align with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry in ensuring an aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian airworthiness directives in response to those issued by the relevant State of Design, thus ensuring compliance with international obligations while safeguarding Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. This legislative framework ensures the continuing airworthiness of aircraft registered in Australia, aligning with the international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design holds the responsibility for an aircraft type's continuing airworthiness, while the State of Registry must implement the necessary requirements for individual aircraft. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and, if appropriate, issues corresponding Australian ADs. The ADs are subject to the assessment and cancellation processes, as exemplified by the cancellation of AD/B727/161, Amendment 1, following the termination of repetitive inspection requirements mandated by an AD issued by the Federal Aviation Administration (FAA) of the United States. This cancellation is a direct response to international obligations and the issuance of an AD by the relevant State of Design, thus exempting it from public consultation and a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, provides the authority for the Governor-General to establish regulations for air navigation safety. One significant regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore considered a legislative instrument under the Legislative Instruments Act 2003. These directives serve as a key mechanism for maintaining the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA, as Australia’s national airworthiness authority, to review any ADs issued by the State of Design and to assess their applicability to aircraft registered in Australia. If deemed necessary, CASA must then issue corresponding Australian ADs to ensure compliance with safety standards. For example, in response to a United States Federal Aviation Administration (FAA) AD affecting Boeing 727 series aircraft, CASA issued AD/B727/205. This process underscores the necessity for continuous communication and adherence to international standards to maintain aviation safety.
Any breach of these regulations can result in serious consequences. Failure to comply with ADs may lead to aircraft being grounded or even banned from flying, which can have significant operational and financial impacts on airlines and other stakeholders. The Civil Aviation Act 1988 does not explicitly detail penalties for non-compliance with ADs, but it is clear that such non-compliance could be prosecuted under the broader provisions of the Act, potentially leading to substantial fines or other penalties. CASA’s role in monitoring compliance and enforcing these directives is therefore crucial in maintaining the safety and integrity of Australia’s aviation sector.