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 2002-20-07 affecting Boeing Model 737 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/110, Amendment 2, which will become effective on 29 September 2005. 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 Commonwealth Parliament, is designed to regulate civil aviation in Australia and ensure its safety and efficiency. This legislation provides the legal framework for the Australian Civil Aviation Authority (CASA) to oversee and manage airworthiness standards, among other aviation-related matters. One of the key mechanisms established under the Act is the issuance of airworthiness directives (ADs), which are implemented through the Civil Aviation Safety Regulations 1998. The ADs are critical for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as set out by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 thus aims to safeguard the safety of air navigation through stringent regulatory measures and the enforcement of airworthiness directives.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, mandates that airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as a means for states to communicate necessary measures for maintaining the airworthiness of aircraft types. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide requisite information to the State of Registry. CASA, as Australia’s national airworthiness authority, assesses this information and, if necessary, issues corresponding ADs to ensure compliance with international safety standards. The ADs are issued in response to obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, and typically, no public consultation is required as these measures are reactive to actions taken by the aircraft's State of Design.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901. This means that ADs have legal force but can be disallowed by Parliament if deemed necessary.
The obligations imposed by this legislation include the requirement for the State of Design to ensure the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types to appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft's airworthiness, must develop or adopt requirements to maintain airworthiness. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures that Australian-registered aircraft meet international safety standards.
Under this legislation, breaches of airworthiness directives can result in significant legal consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide for civil and criminal penalties for non-compliance. For instance, section 94 of the Act allows for fines of up to $10,000 for individuals and $50,000 for corporations for each instance of non-compliance with an AD. Moreover, the Act allows for imprisonment of up to 12 months for individuals and up to $60,000 for corporations in severe cases. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing and enforcing airworthiness directives to maintain the safety of air navigation. The State of Design and State of Registry have specific responsibilities in this regard, and CASA plays a crucial role in assessing and issuing ADs for Australian-registered aircraft. The legislation also provides for significant civil and criminal penalties for non-compliance, highlighting the importance of adhering to ADs to ensure the safety of air navigation.