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 2008-22-11 affecting aircraft listed in Schedule 1 of this explanatory statement. The United States of America is the State of Design for products fitted under various supplementary type certificates. CASA has assessed this AD and has issued Australian ADs as listed Schedule 1 of this explanatory statement, which will become effective on 15 January 2009.
As these ADs are 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.
These ADs has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
Aircraft | FAA STC | Australian AD |
Boeing Model 727 series aeroplanes | SA62NE, SA392NE, SA530NE | AD/B727/216 |
Boeing Model 727-100 series aeroplanes | SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY |
Boeing Model 727-200 series aeroplanes | SA84NE, SA387NE, SA450NE, SA496NE |
Boeing Model 737-200 series aeroplanes | SA83NE, SA725NE (unless installed with SA725NE-D, Configuration 7), SA1078NE, SA1265EA | AD/B737/350 |
Boeing Model 737-200C series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-300 series aeroplanes | SA500NE, SA542NE, SA553NE, SA714NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-400 series aeroplanes | SA553NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-500 series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7), ST00040NY, ST01337NY |
Boeing Model 737-700 series aeroplanes (increased gross weight) | ST00936NY-D (unless installed with Configuration 3), ST01650NY-D |
Boeing Model 737-800 series aeroplanes | ST01384NY, ST01384NY-D |
Boeing 767-200 series aeroplanes | STC ST00840NY | AD/B767/249 |
Bombardier CL-600-2B19 (Regional Jet Series 100 and 440) | STC ST00365NY, ST00365NY-D (unless installed with Configuration 5). | AD/CL-600/106 |
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety, efficiency, and orderly development of civil aviation. The Civil Aviation Safety Regulations 1998 were subsequently introduced to further detail and operationalise the provisions of the Act. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, including airworthiness directives (ADs), in the interests of air navigation safety. These ADs, which mandate specific requirements for aircraft and aeronautical products, are issued by the Civil Aviation Safety Authority (CASA) in response to international obligations under the Convention on International Civil Aviation and the State of Design's directives. The issuing of these ADs is overseen by the Manager, Systems and New Technologies within CASA's Airworthiness Engineering Group, ensuring compliance with Australian obligations and international standards. This regulatory approach ensures the continuing airworthiness of aircraft on the Australian Register, aligning with both national and international safety protocols.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products to ensure the safety of air navigation. These directives, as legislative instruments, mandate compliance with airworthiness requirements set forth by the State of Design or Registry, aligning with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The issuance of ADs is a critical function for CASA, acting on behalf of Australia to uphold international obligations and domestic safety standards. These directives do not require public consultation or a Regulatory Impact Statement, given their technical nature and alignment with international protocols. The application of these directives extends to various aircraft models, as detailed in the explanatory statement, and they become effective as specified, reflecting CASA's role in maintaining the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, while 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. An AD is a legislative instrument, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. ADs are essential for maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for this, and the State of Registry ensuring compliance with these directives.
The obligations imposed by these ADs are stringent and designed to ensure the safety and airworthiness of the specified aircraft. For example, CASA, as Australia's national airworthiness authority, is mandated to assess any AD issued by the State of Design, such as the United States Federal Aviation Administration (FAA), and to issue corresponding Australian ADs if deemed necessary. This process ensures that any safety issues identified by the State of Design are addressed appropriately in the Australian context. The State of Registry is responsible for enforcing these ADs, ensuring that all aircraft within its jurisdiction comply with the specified requirements to maintain their airworthiness.
Failure to comply with these ADs can lead to significant legal and operational consequences. While specific penalties for non-compliance with ADs are not detailed in the explanatory statement, non-compliance with aviation safety regulations generally can result in severe penalties. These can include fines, imprisonment, or both, depending on the severity and impact of the non-compliance. For instance, under the Civil Aviation Act 1988, offences such as operating an aircraft in an unsafe condition can lead to penalties that include fines of up to $105,000 for individuals and $525,000 for corporations, along with potential imprisonment terms. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft or imposing operational restrictions to mitigate safety risks.