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 2008-04-10 affecting Boeing 727 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/209, which will become effective on 8 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. One such regulation, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988, therefore, addresses the need for a cohesive and internationally compliant framework to ensure the safe operation of aircraft within Australia, with CASA playing a pivotal role in implementing and enforcing these regulations.
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. These directives serve as legislative instruments as defined under the Legislative Instruments Act 2003, and are issued in accordance with the Civil Aviation Act 1988 to ensure the safety of air navigation. This regulatory framework applies to all entities involved in the operation and maintenance of aircraft registered within Australia, encompassing both private and commercial aviation sectors. The geographic scope of these regulations is national, extending across the Commonwealth of Australia, and they are in alignment with the international standards set by the International Civil Aviation Organization (ICAO). Notably, the ADs are issued in response to international safety directives and do not require public consultation or a Regulatory Impact Statement. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, ensuring that Australian aircraft maintain international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interest of the safety of air navigation. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are multifaceted. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft's airworthiness. In Australia, CASA, as the national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. This ensures that Australian aircraft comply with international safety standards.
Failure to comply with the ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence, and penalties can be severe. The specific penalties depend on the severity of the breach and can include substantial fines and imprisonment. For instance, in serious cases, individuals can face fines of up to $165,000 and imprisonment for up to five years. Additionally, aircraft operators can face suspension or revocation of their airworthiness certificates, which can ground the aircraft and result in significant operational disruptions and financial losses. Therefore, adherence to ADs is not just a regulatory requirement but a critical safety measure to protect lives and property.