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 2006-09-02 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/B727/203, which will become effective on 6 July 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 establish a comprehensive framework for civil aviation safety in Australia, addressing the need for a unified legal basis to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, which are critical for maintaining the safety and airworthiness of aircraft. These directives are made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. The policy objective underpinning this legislation is to ensure the safety of air navigation in alignment with international standards, as mandated by Annex 8 to the Convention on International Civil Aviation. This approach ensures that Australia’s aviation safety measures are consistent with those of other ICAO Contracting States, thereby facilitating international cooperation and harmonisation in civil aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under section 39.001. These directives, which are legislative instruments as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, are designed to maintain the safety of air navigation. The Civil Aviation Act 1988 allows the Governor-General to make such regulations to ensure the safety of air navigation. ADs are typically issued in response to the continuing airworthiness information provided by the State of Design, as stipulated under Annex 8 of the Convention on International Civil Aviation, and are mandated by the State of Registry for individual aircraft. CASA, acting as Australia's national airworthiness authority, assesses and issues Australian ADs when necessary, ensuring compliance with international obligations and standards. For instance, in response to the US FAA's AD 2006-09-02 for Boeing B727 model aircraft, CASA issued Australian AD/B727/203, effective from 6 July 2006, without public consultation or a Regulatory Impact Statement due to the international nature of the requirement.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. An airworthiness directive is a directive issued to ensure the continuing airworthiness of aircraft, in line with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft type is designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, ensures the airworthiness of individual aircraft.
Entities governed by these regulations are required to adhere to the airworthiness directives issued by CASA. Specifically, the State of Design must provide all necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is obligated to assess any international ADs issued by the State of Design and, if appropriate, issue a corresponding Australian AD to enforce the same requirements domestically. This ensures consistency with international safety standards and obligations under the Convention on International Civil Aviation.
Failure to comply with an airworthiness directive can result in severe civil and criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an airworthiness directive commits an offence and may be subject to penalties. The exact nature and severity of the penalties are not specified within the provided text, but typically, violations can result in fines or imprisonment, or both, depending on the seriousness of the breach. It is important for aircraft operators and other affected parties to strictly adhere to these directives to avoid potential legal repercussions and ensure the safety and airworthiness of aircraft.