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. As a result of advice from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/B727/205 Amendment 1, will become effective on 5 July 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 Acting Manager, New Technologies and Systems, 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 by the Commonwealth Parliament to provide a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of aviation safety, which is further detailed in the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being classified as legislative instruments under the Legislative Instruments Act 2003. This legislative approach is designed to address the need for consistent and enforceable safety standards in the aviation industry, aligning with Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The ADs are critical in ensuring that aircraft meet necessary safety standards, particularly when issued in response to directives from the aircraft’s State of Design, such as the United States in the case of Boeing 727 series aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in ensuring the safety and continuing airworthiness of aircraft registered in Australia. The regulations specify that ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must be assessed and potentially issued by CASA following the receipt of information from the State of Design. The geographic reach of these regulations is national, as they apply to all aircraft registered in Australia, and align with international obligations under the Convention on International Civil Aviation. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international standards and obligations. This particular AD, AD/B727/205 Amendment 1, addresses a typographical error in a previous AD concerning Boeing 727 series aircraft, and will become effective on 5 July 2007.
Key Provisions
The main operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation (s. 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products (r. 39.001). Notably, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003 (s. 46A, r. 39.001(5)). This directive, AD/B727/205 Amendment 1, pertains specifically to Boeing 727 series aircraft and is issued to correct a typographical error identified in the previously issued AD 2007-11-08 by the United States Federal Aviation Administration (FAA).
The obligations and requirements imposed by this legislation on the parties involved, particularly CASA, are significant. CASA, as Australia’s national airworthiness authority, must assess any information provided by the State of Design concerning an AD. If deemed appropriate, CASA is mandated to issue an Australian AD to enforce the requirements of the State of Design (r. 39.001). This involves ensuring that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA must also coordinate with the relevant State of Design to ensure that any necessary amendments to existing ADs are correctly implemented and disseminated to the aviation industry.
The legislation also outlines the consequences for non-compliance with the ADs. While the specific penalties for breaches are not detailed in the provided text, it is clear that ADs are legally binding and failure to comply with them could result in serious safety risks. Non-compliance with ADs could lead to enforcement actions by CASA, potentially resulting in administrative penalties, fines, or other regulatory measures. The seriousness of the consequences stems from the critical role ADs play in maintaining the safety and airworthiness of aircraft, as stipulated under international civil aviation conventions and national regulations.