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 2007-12-14 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/B727/206, which will become effective on 2 August 2007.
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, aims to ensure the safety and efficiency of civil aviation within Australia. One of the significant aspects of this Act is its provision for the creation of regulations that serve the interests of air navigation safety. Under this legislative framework, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The problem or gap that the ADs address includes ensuring that all aircraft registered in Australia meet international safety standards and that any identified safety issues are promptly addressed through regulatory measures. The ADs serve as legislative instruments, providing a structured approach to managing and enforcing airworthiness requirements.
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) concerning specific types of aircraft or aeronautical products, in line with the Civil Aviation Act 1988. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can mandate the requirements of an AD issued by the State of Design when it pertains to an aircraft type registered in Australia. The ADs are designed to uphold the continuing airworthiness of aircraft and are issued under the authority granted by the Governor-General in the interests of safety of air navigation. As ADs are considered disallowable instruments, they are regulated under the Legislative Instruments Act 2003, and their issuance follows the international standards set by Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This AD is an example of CASA's role in ensuring compliance with international obligations and maintaining safety standards within the Australian aviation industry.
Key Provisions
The main operative sections of this legislation revolve around the issuance and implementation of airworthiness directives (ADs) as stipulated under section 98 of the Civil Aviation Act 1988 (subsection 98(2)) and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98(2) of the Act empowers the Governor-General to create regulations that ensure the safety of air navigation, which includes the authority to issue ADs. Regulation 39.001(5) further delineates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. This regulatory framework enables the Civil Aviation Safety Authority (CASA) to mandate specific safety measures for aircraft types registered in Australia.
Under these provisions, CASA, as Australia's national airworthiness authority, has the responsibility to ensure the continuing airworthiness of aircraft within the Australian Register. This obligation is aligned with Annex 8 to the Convention on International Civil Aviation, which places the onus on the State of Design to provide necessary information to maintain airworthiness. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the required safety measures. This process is exemplified by the issuance of Australian AD/B727/206, which corresponds to the US FAA's AD 2007-12-14 affecting Boeing B727 model aircraft.
The obligations imposed on parties governed by these regulations include the requirement for the State of Design to provide continuing airworthiness information and for the State of Registry to ensure compliance with these directives. CASA, as the State of Registry, must evaluate any ADs issued by the State of Design and subsequently issue an Australian AD if appropriate. Operators of affected aircraft must adhere to the mandated safety measures outlined in these directives to maintain airworthiness. Failure to comply with these requirements can result in serious safety risks and potential legal consequences.
Breaches of the airworthiness directives can lead to severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines and potential imprisonment for individuals and corporations. The specific penalties are not detailed in the provided text, but generally, such offences can attract substantial financial penalties and imprisonment terms, depending on the severity and frequency of the breach. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with the ADs, further emphasizing the importance of adherence to these safety measures.