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 2008-07-07 and 2008-07-09 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/B727/210, which will become effective on 5 June 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 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, enacted by the Parliament of Australia, was introduced to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms provided by the Act is the ability for the Governor-General to make regulations, such as those concerning airworthiness, to further these objectives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with international conventions. CASA, as Australia’s national airworthiness authority, ensures that Australian aircraft meet international safety standards by issuing corresponding directives when necessary, as demonstrated in the case of Boeing 727 series aircraft subject to U.S. airworthiness directives. The process is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting the critical and urgent nature of airworthiness mandates.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these ADs extends to all aircraft registered in Australia, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness of an aircraft type, and the State of Registry the duty to ensure the continuing airworthiness of individual aircraft. In instances where the State of Design issues an AD, CASA must assess and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements on Australian-registered aircraft. This process does not involve public consultation as it is governed by international obligations, and it is exempt from requiring a Regulatory Impact Statement. The ADs are issued by CASA under the authority vested in the Manager, Systems and New Technologies within the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and regulations are primarily concerned with ensuring the continuing airworthiness of aircraft. The State of Design is responsible for the overall airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry. The State of Registry, in this case CASA, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The AD must be issued in compliance with the Act and the Regulations, and it becomes effective on the date specified in the directive.
Failure to comply with an airworthiness directive can result in serious consequences. Under section 98 of the Civil Aviation Act 1988, CASA can take action against any person who contravenes the regulations. This includes the potential imposition of civil penalties for non-compliance. The specific penalties are not detailed in the provided text but typically could include fines or other sanctions. Additionally, non-compliance with an AD could lead to criminal charges if the breach results in serious harm or endangers flight safety. The maximum penalties for such offences are not specified in the text but can include imprisonment and substantial fines. It is essential for operators to adhere strictly to the ADs to avoid these serious legal repercussions.