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 2006-13-01 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/B727/99, Amendment 4, which will become effective on 3 August 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, enacted by the Australian Parliament, aims to provide for the regulation of civil aviation and to ensure the safety of air navigation. To support this, the Civil Aviation Safety Regulations 1998 were introduced, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of these aircraft. The ADs are a legislative instrument under the Legislative Instruments Act 2003 and align with the obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for continuing airworthiness. CASA, as Australia's national airworthiness authority, is required to assess and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. The ADs are not subject to public consultation or a Regulatory Impact Statement as they are issued in response to international obligations and directives from the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which apply to all kinds of aircraft and aeronautical products registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as individuals involved in the operation and maintenance of aircraft. Geographically, the Act operates under both national and international jurisdictions, reflecting Australia’s commitments to ICAO conventions. The ADs are legislative instruments and are issued without public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs extend their application through subordinate instruments, ensuring that any changes or updates to airworthiness requirements are communicated and enforced effectively across the aviation industry.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory action is authorised under section 98 of the Civil Aviation Act 1988, with the overarching aim of enhancing air navigation safety. A key aspect of this regulatory framework is that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The process of issuing these directives is further guided by Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design in ensuring the ongoing airworthiness of aircraft types, and the corresponding duties of the States of Registry to uphold these standards.
In terms of obligations, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, a duty that includes providing necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, is mandated to evaluate information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the design state's requirements. This is evident in the case of the US Federal Aviation Administration's AD 2006-13-01, which pertains to Boeing B727 model aircraft. CASA has evaluated this directive and issued an Australian AD, specifically AD/B727/99, Amendment 4, to align with international safety standards. The AD is set to take effect on 3 August 2006, replacing the previous version.
Breaching the requirements set forth in an AD can lead to significant consequences. Failure to comply with an AD may result in the grounding of the aircraft or the prohibition of its operation until the required actions are taken. This not only poses operational risks but also carries potential civil or criminal penalties. The severity of these penalties can vary, but they are designed to ensure adherence to safety standards and to protect the public from aviation-related hazards. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance can result in substantial fines and, in more severe cases, imprisonment. These penalties underscore the critical importance of adhering to airworthiness directives and the regulatory framework that governs them.