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 2005-20-33 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/B727/200, which will become effective on 19 January 2006.
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 legal 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 and in the interests of the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with international standards, the Civil Aviation Safety Regulations 1998 mandate CASA to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, aim to maintain the continuing airworthiness of aircraft registered in Australia. In the case of the Boeing 727 model aircraft, CASA issued Australian AD/B727/200 in response to a US Federal Aviation Administration directive, fulfilling Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are crucial for ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, and these directives are considered legislative instruments as per the Legislative Instruments Act 2003. The ADs serve to mandate requirements for the continuing airworthiness of aircraft, aligning with Australia’s international obligations under Annex 8 of the Convention on International Civil Aviation. When the State of Design issues an AD, CASA must assess and, if necessary, issue an Australian AD to enforce those requirements. This process ensures that aircraft registered in Australia meet international safety standards. While ADs are integral to maintaining airworthiness, they are issued without public consultation due to their alignment with international obligations and the nature of the safety requirements they address.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations for air navigation safety. Under this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and reviewed under the Legislative Instruments Act 2003.
The obligations imposed by these ADs include ensuring the continuing airworthiness of aircraft, which is the responsibility of both the State of Design and the State of Registry. The State of Design, such as the United States for Boeing 727 aircraft, must provide necessary information to maintain airworthiness, while the State of Registry, in this case CASA, must assess this information and issue corresponding ADs if needed. This ensures compliance with international standards, such as Annex 8 of the Convention on International Civil Aviation, which mandates the sharing of airworthiness information among states.
For the specific AD 2005-20-33 affecting Boeing 727 model aircraft, CASA has issued Australian AD/B727/200, effective from 19 January 2006. This AD was issued in response to the US Federal Aviation Administration's directive and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office issued this AD under subsection 84A(2) of the Act, ensuring that the necessary safety measures are implemented in accordance with international obligations.
The Civil Aviation Safety Regulations 1998 also stipulate that failure to comply with ADs can result in significant legal consequences. Violations of these directives can lead to civil penalties, including fines and potential prosecution. The severity of the penalties depends on the nature and extent of the non-compliance, but they are designed to enforce adherence to safety standards and ensure the continued safety of air navigation. In serious cases, non-compliance with ADs can also lead to criminal charges, with potential imprisonment for those responsible for ensuring compliance within an organisation.