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 United States FAA issued AD 2007-11-07 corrected affecting Boeing 737 series aircraft in 2007. The United States is the State of Design for these types. CASA assessed this AD and as a result issued AD/B737/303, Amendment 1. AD/B737/303 Amendment 1 provided terminating action for repetitive inspection requirements of AD/B737/119, Amendment 3. The compliance time for terminating action has now passed and the repetitive inspection requirements are now redundant. Consequently, CASA has cancelled Australian AD/B737/119, Amendment 3. The cancellation will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legal framework for ensuring the safety of air navigation. One significant aspect of this Act is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments under the Legislative Instruments Act 2003 and are critical for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The Act addresses the problem of ensuring that aircraft meet safety standards and that the State of Registry, in this case CASA, is responsible for enforcing these standards. The objective is to harmonise Australian aviation safety standards with international obligations and to ensure the ongoing safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Act and regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments, as stipulated under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901. The ADs issued by CASA are in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft on the Australian Register. The ADs serve as a critical means of disseminating continuing airworthiness information, and their issuance by CASA follows the assessment of ADs issued by other States of Design, such as the United States, as illustrated in the example of AD 2007-11-07 corrected affecting Boeing 737 series aircraft. Consequently, CASA issued Australian AD/B737/303, Amendment 1, which led to the cancellation of AD/B737/119, Amendment 3, as the compliance time for the terminating action has elapsed.
Key Provisions
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools to maintain and ensure the safety and airworthiness of aircraft within Australia. ADs are legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003, and they are crucial for enforcing airworthiness standards as per Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess and, if necessary, issue Australian ADs when the State of Design issues a corresponding AD. This process involves rigorous evaluation to ensure that the requirements set out in the AD align with Australian safety standards and practices. The State of Registry, which in Australia is CASA, must ensure that all aircraft meet the continuing airworthiness standards as mandated by these regulations.
Failure to comply with the ADs issued by CASA can result in significant legal consequences. While the specific penalties for non-compliance are not detailed within the text, it is important to note that non-compliance with aviation safety regulations can lead to civil or criminal penalties. These may include fines or imprisonment, depending on the severity of the breach and the impact on aviation safety.
In summary, the ADs issued by CASA are fundamental to maintaining the safety and airworthiness of aircraft in Australia. They are based on international standards and require strict compliance by all relevant parties. CASA's role in assessing and implementing these directives is crucial, and failure to adhere to them can result in serious legal consequences.