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 2008-12-03 affecting Boeing 727, 737 and 767 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/727/213, AD/B737/338 and AD/B767/244, which will become effective on 28 August 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 Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. This legislation provides the legal framework for the Australian Civil Aviation Safety Authority (CASA) to develop and enforce safety regulations, including the issuance of airworthiness directives (ADs). ADs are regulatory instruments that mandate safety measures for specific types of aircraft or aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation. This Act allows CASA to issue ADs in response to directives from the State of Design or based on its own assessment of safety concerns, thereby fulfilling Australia's obligations under international aviation agreements. The ADs are created under the authority granted by the Act, ensuring that they are consistent with the overarching goal of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation within Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as outlined in subregulation 39.001(5), qualifies as a disallowable instrument and thus a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires the dissemination of necessary information to States of Registry, including Australia. Consequently, CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if deemed necessary, issuing corresponding Australian ADs to enforce the requisite safety measures. The application of these regulations extends to all aircraft registered in Australia, irrespective of whether they are domestically or internationally operated, thereby ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations that align with the Act and are in the interest of air navigation safety. This legislative framework allows for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific types of aircraft or aeronautical products. It is important to note that an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 and, thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative status underlines the importance of ADs in maintaining airworthiness standards.
The obligations under this legislation are primarily centred around ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority. When the State of Design issues an AD, CASA is required to assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian registered aircraft comply with the international safety standards set by the State of Design.
Failure to comply with ADs can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the legal repercussions for non-compliance with airworthiness directives. Non-compliance may lead to civil or criminal penalties, depending on the nature and severity of the breach. For example, knowingly operating an aircraft in violation of an AD could result in hefty fines or imprisonment. The specific penalties are not detailed in the provided text, but they are severe enough to enforce adherence to the safety regulations.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are crucial for maintaining airworthiness standards. The obligations fall on CASA to assess and enforce these directives, ensuring that Australian registered aircraft meet international safety standards. Non-compliance with these directives can lead to significant civil or criminal penalties, underscoring the importance of adherence to these regulations.