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 2009-20-03 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/B727/220, which will become effective on 19 November 2009.
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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One of the significant aspects of this Act is its provision for the creation of regulations aimed at maintaining air navigation safety, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail these provisions, with regulation 39.001 authorising the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, in concert with international standards such as Annex 8 to the Convention on International Civil Aviation, mandates that the State of Design of an aircraft type has the primary responsibility for its continuing airworthiness, while the State of Registry must ensure the aircraft's compliance with these standards domestically. Consequently, when a State of Design issues an AD, such as the one from the US Federal Aviation Administration affecting Boeing B727 models, the Civil Aviation Safety Authority (CASA) is required to assess and, if necessary, issue corresponding Australian ADs to maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific actions to ensure the continuing airworthiness of aircraft. These directives apply to all aircraft registered in Australia and must be implemented by the State of Registry, which, in Australia's case, is CASA. ADs are necessary for compliance with international standards set by the Convention on International Civil Aviation, particularly the responsibilities of the State of Design to provide information for continuing airworthiness. For example, when the United States, as the State of Design for the Boeing B727, issues an AD, CASA must assess its implications and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards. While ADs are legislative instruments subject to disallowance, they do not require public consultation or a Regulatory Impact Statement, as they are responses to international obligations and assessments by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Such ADs serve as legal instruments under the Acts Interpretation Act 1901 (section 46A) and are classified as legislative instruments according to the Legislative Instruments Act 2003 (section 6).
These airworthiness directives are critical for ensuring the ongoing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case the United States, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to other States of Registry. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. Upon receiving an AD from the State of Design, CASA evaluates the information and, if deemed necessary, issues an Australian AD to enforce the requirements.
Compliance with these airworthiness directives is mandatory for all parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. For example, in response to the US FAA issuing AD 2009-20-03 for Boeing B727 model aircraft, CASA assessed the directive and issued Australian AD/B727/220, effective from 19 November 2009. Given the international obligations under the Convention on International Civil Aviation and the nature of the directive from the State of Design, no public consultation was required. The Office of Best Practice Regulation also determined that such ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with these airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to both civil and criminal penalties. The specific penalties are determined based on the severity of the breach, and can include fines or imprisonment. For instance, the Act includes provisions for significant fines for non-compliance, which can escalate depending on the extent of the violation and any previous offenses. These penalties underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.