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 FAA has issued AD 2006-07-10, affecting Boeing 727 series aircraft. The USA is the State of Design for this type. CASA has amended the equivalent Australian AD to reflect the new requirements of the State of Design AD. The amended Australian AD, AD/B727/93 Amendment 4, will become effective on 8 June 2006. This AD cancels and replaces the previous 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure safety in air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The Act authorises the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the legal basis for CASA to issue such directives. This legislative framework is designed to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. The ADs serve as a primary mechanism for disseminating continuing airworthiness information among contracting states, including Australia. This specific AD, issued in response to FAA's AD 2006-07-10 affecting Boeing 727 series aircraft, reflects Australia's commitment to maintaining international safety standards and is enacted to mandate the requirements outlined by the USA as the State of Design.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aimed at ensuring the safety of air navigation as outlined in the Civil Aviation Act 1988. ADs are integral to the continuing airworthiness of aircraft, with the State of Design bearing primary responsibility for issuing them, as mandated by Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by States of Design and may issue corresponding Australian ADs to enforce compliance with these international standards. The issuance of ADs does not require consultation with the Australian public, nor does it necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review. ADs apply to aircraft and aeronautical products registered in Australia, aligning with international obligations and ensuring consistency in safety standards across jurisdictions.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD, as a legislative instrument under section 6 of the Legislative Instruments Act 2003, mandates requirements to ensure the continuing airworthiness of aircraft types. The State of Design, in this case the United States for the Boeing 727 series aircraft, has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, represented by CASA in Australia, must ensure the compliance of individual aircraft with these airworthiness requirements.
The obligations under these regulations require CASA to issue ADs that reflect the requirements of the State of Design when necessary. This process involves CASA assessing the information provided by the State of Design and, if deemed appropriate, issuing an Australian AD to mandate these requirements for aircraft on the Australian Register. The AD in question, AD/B727/93 Amendment 4, has been amended to reflect the requirements of the FAA's AD 2006-07-10 and will become effective on 8 June 2006. This AD replaces the previous version, thereby cancelling it.
The issuing of ADs is governed by international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which necessitates the cooperation between States of Design and States of Registry to ensure the safety and airworthiness of aircraft. As such, CASA must act promptly to implement these directives to comply with international obligations. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Failure to comply with ADs can result in serious consequences, as they are issued to address safety concerns and ensure the continuing airworthiness of aircraft. Violations of these requirements can lead to enforcement actions by CASA, which may include the grounding of affected aircraft until the required actions are taken. In severe cases, non-compliance could result in civil penalties, including fines, and in the most egregious cases, criminal charges against individuals or entities responsible for the oversight of the aircraft. The exact penalties depend on the nature and severity of the breach, but they underscore the critical importance of adhering to these safety regulations.