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, the Civil Aviation Safety Authority (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.
AD/B727/74 was originally raised in 1976 to mandate an inspection of the Boeing 727 aircraft. AD/B727/74 matched an AD issued in the United States of America, the state of design of the Boeing 727. AD/B727/74 became effective in 1976 and required the inspection to be performed within 250 hours time in service. It has come to CASA’s attention that AD/B727/74 contains an error in identification of the USA AD. CASA has decided to amend AD/B727/74 to correct the error. The amended AD, AD/B727/74 Amdt 1, will become effective on 25 June 2010. This AD cancels and replaces the original issue.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) in accordance with the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Acts Interpretation Act 1901, and their issuance aligns with Australia's obligations under the Convention on International Civil Aviation. In response to the identification of an error in an existing AD concerning the Boeing 727 aircraft, CASA has amended the directive to correct the error, reflecting its commitment to maintaining the highest safety standards in civil aviation. This amendment, effective from 25 June 2010, has been made without public consultation as it pertains to international obligations and pre-existing directives, and has been deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments that serve to ensure the ongoing safety and airworthiness of aircraft within Australia. The application of these ADs extends to any aircraft registered in Australia, irrespective of the aircraft's state of design. Under the Civil Aviation Act 1988, CASA is mandated to assess and, when necessary, issue Australian ADs to enforce the requirements set forth by the State of Design, as per international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are a critical mechanism for maintaining the safety standards of aircraft in service and are essential for compliance with international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can make regulations in the interest of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation.
Entities governed by these ADs, particularly those related to the Boeing 727 aircraft, are subject to specific obligations outlined in the directives. For instance, AD/B727/74, originally issued in 1976, mandates an inspection to be conducted within 250 hours of time in service. Following the discovery of an error in the identification of the corresponding USA AD, CASA issued an amended directive, AD/B727/74 Amdt 1, effective from 25 June 2010. This amendment replaces the original directive and ensures the correction of the identified error, thereby maintaining compliance with international civil aviation standards.
Failure to comply with the requirements of an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators and other relevant entities to adhere to ADs. Non-compliance with these directives may lead to severe penalties. Under section 94 of the Civil Aviation Act 1988, CASA has the authority to enforce these regulations, and violations can result in both civil and criminal penalties, depending on the severity of the breach. The specific penalties for non-compliance are not detailed in the provided text but are typically substantial, reflecting the importance of adhering to safety regulations in aviation.