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 2006-26-13 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/B727/174 Amendment 1, which will become effective on 15 March 2007. 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, enacted by the Australian Parliament, establishes the legislative framework for the regulation of civil aviation safety, with a specific focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were created to further detail the requirements and processes for maintaining airworthiness, among other safety measures. One of the key tools under these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments used to address identified safety issues with aircraft or aeronautical products. The issuance of ADs is a critical mechanism for fulfilling Australia's obligations under international conventions, particularly the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types. The Civil Aviation Safety Authority (CASA) issues ADs in response to directives from States of Design, ensuring that Australian aircraft meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are made under the authority of section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations to ensure the safety of air navigation. Each AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and constitutes a legislative instrument as per the Legislative Instruments Act 2003. The application of these ADs is mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, requiring them to provide necessary information to States of Registry. Consequently, when an AD is issued by a State of Design, such as the US FAA’s AD 2006-26-13 for Boeing B727 model aircraft, CASA must assess this information and issue a corresponding Australian AD if deemed appropriate. The issuance of AD/B727/174 Amendment 1 by CASA, set to take effect on 15 March 2007, exemplifies this process. Given the nature of these directives, which are based on international obligations and assessments of design state directives, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001, in the interests of air safety. An AD is a disallowable instrument and a legislative instrument under sections 46A of the Acts Interpretation Act 1901 and 6 of the Legislative Instruments Act 2003, respectively. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which in this case is the US Federal Aviation Administration (FAA), is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) is tasked with assessing these directives and issuing Australian ADs to mandate the requirements of the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities are significant. The State of Design must ensure that it provides all necessary information to maintain the airworthiness of the aircraft type. The State of Registry, in this case, CASA, must assess the information provided by the State of Design and issue appropriate ADs to ensure compliance with airworthiness standards. CASA, as the national airworthiness authority, is responsible for monitoring and enforcing these directives to maintain the safety of Australian-registered aircraft. This includes conducting regular inspections and audits to ensure that all relevant aircraft are compliant with the ADs issued.
Breaches of the requirements set out in the ADs can lead to severe consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can result in civil penalties, including fines of up to $27,500 for individuals and $137,500 for corporations, as well as criminal penalties. These can include imprisonment for up to two years for individuals and six years for corporations, reflecting the serious nature of non-compliance with airworthiness directives. Additionally, CASA has the authority to ground non-compliant aircraft, which can have significant operational and financial repercussions for the aircraft operator. Therefore, it is imperative that all parties adhere strictly to the provisions of the ADs to ensure the continued safety of air navigation.