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 has issued AD 2006-07-17 affecting Boeing 727 aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/B727/202 which will become effective on 8 June 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 legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. One significant aspect of this Act is the authority it grants to the Governor-General to make regulations for the purposes of the Act, particularly in the interest of air navigation safety. This includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which are legislative instruments under the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the continuing airworthiness of aircraft and are aligned with international standards set forth by the Convention on International Civil Aviation. CASA's role as the national airworthiness authority involves assessing and issuing Australian airworthiness directives in response to those issued by the State of Design, ensuring compliance with international obligations and maintaining the safety standards for aircraft registered in Australia.
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) for specific kinds of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation as mandated by the Act. The ADs, which are legislative instruments, are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must ensure the continuing airworthiness of aircraft by developing or adopting necessary requirements. This process involves assessing ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs. For instance, following the issuance of an AD by the United States Federal Aviation Administration (FAA) for Boeing 727 aircraft, CASA issued AD/B727/202 to mandate the requirements of the FAA's AD. Given that this AD was issued in response to an international obligation and an AD from the relevant State of Design, it did not require public consultation or a Regulatory Impact Statement. The AD is issued by the Manager, Airframes, within CASA's Manufacturing, Certification and New Technologies Office, under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations necessary for the safety of air navigation, while the Civil Aviation Safety Regulations 1998 (regulation 39.001) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) explicitly states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The issuing of ADs is rooted in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to be responsible for the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry.
The obligations imposed by these provisions are multifaceted. The State of Design must ensure the continuing airworthiness of an aircraft type and communicate any relevant information to the States of Registry, which are responsible for maintaining the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is required to assess any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft comply with international safety standards and that CASA's regulatory framework remains aligned with global practices.
In the case of the United States Federal Aviation Administration (FAA) issuing AD 2006-07-17 for Boeing 727 aircraft, CASA has assessed the directive and issued Australian AD/B727/202, effective from 8 June 2006. Given that this AD is issued under Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation with the Australian public. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, issued the AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The implications of failing to comply with an AD are significant. The Civil Aviation Safety Regulations 1998 stipulate that any person who contravenes an AD may be subject to civil penalties, including fines. The severity of these penalties can vary, but the maximum penalty for each offence is generally substantial, reflecting the critical nature of airworthiness compliance. Additionally, non-compliance with ADs can lead to criminal charges if the breach results in serious safety hazards, with potential imprisonment for individuals and fines for corporations. The overarching goal is to ensure that all parties adhere strictly to the ADs to maintain the highest standards of aviation safety.