CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 United States FAA issued ADs 97-14-03 and 98-02-01 affecting Boeing 737 aircraft. The United States is the State of Design for these types. CASA has assessed these ADs and as a result has cancelled Australian AD/B737/112, Original Issue. The cancellation will become effective on 17 March 2005. No replacement AD is required, as the original unsafe condition has been corrected by existing AD/B737/123.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate air navigation in Australia, ensuring the safety and efficiency of civil aviation. This legislation empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation (Airworthiness) Regulations 1998 further detail the procedures for issuing ADs, which are crucial for maintaining the continuing airworthiness of aircraft. These regulations align with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the airworthiness of an aircraft type and mandates that the State of Registry must adopt measures to maintain the airworthiness of individual aircraft. The Act allows CASA to issue ADs based on assessments of information provided by the State of Design, thereby ensuring compliance with international standards and maintaining safety within Australian airspace.
Scope and Application
The Civil Aviation Act 1988, in conjunction with 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 to ensure the safety of air navigation. This authority is exercised under the broader mandate of maintaining safety standards in civil aviation as prescribed by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In Australia, CASA acts as the national airworthiness authority, ensuring compliance with these international standards. When an AD is issued by the State of Design, CASA is obligated to evaluate this information and, if necessary, issue a corresponding AD for aircraft registered in Australia. This regulatory framework applies to all aircraft and aeronautical products within Australia, thereby encompassing a wide array of entities including aircraft manufacturers, operators, and maintenance providers. The issuance of ADs is a critical component in the international effort to harmonise safety standards and ensure that aircraft meet the necessary safety criteria for airworthiness.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 that are relevant to the issuance of airworthiness directives (ADs) are found in section 98 of the Act (Civil Aviation Act 1988) and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are intended to ensure the safety and airworthiness of aircraft.
The obligations imposed by these provisions are primarily on CASA, as Australia’s national airworthiness authority. CASA is responsible for assessing information from the State of Design and, if appropriate, issuing an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards. The State of Registry, which is the State where the aircraft is registered, also has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft. This involves implementing and enforcing ADs as necessary.
Failure to comply with an AD can result in significant consequences. Under section 46A of the Acts Interpretation Act 1901, ADs are disallowable instruments, meaning that if they are found to be inconsistent with the Civil Aviation Act 1988, they can be disallowed by Parliament. Civil and criminal penalties may apply for non-compliance with ADs. The exact penalties can vary but can include fines and imprisonment, depending on the severity of the breach and the specific regulations in place. The Civil Aviation Act 1988 and related regulations are designed to ensure that all parties involved in the operation and maintenance of aircraft adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.