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/B737/121, Amendment 2. The compliance time for terminating action has now passed and the repetitive inspection requirements are now redundant. Consequently, CASA has cancelled Australian AD/B737/121, Amendment 2. 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 was enacted by the Australian Parliament to provide a legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that support its objectives, including the issuance of airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this legislation is to align with international standards for continuing airworthiness as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has a primary responsibility for ensuring aircraft airworthiness, and States of Registry must implement the necessary requirements. The Act thus addresses the need for consistent and internationally recognised safety standards in civil aviation within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by 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, as outlined in regulation 39.001. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The geographic reach of these regulations is national, applying to all aircraft and aeronautical products registered within Australia. The State of Design, typically the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, which in this case is Australia, is responsible for ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. CASA's role is to assess and, if necessary, issue Australian ADs to align with directives from the State of Design. This ensures that Australian aviation safety standards are consistent with international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with safety standards set forth by the International Civil Aviation Organization (ICAO). According to section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as per subregulation 39.001(5) of the Regulations and section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry to ensure that the aircraft remain airworthy. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations under these regulations are significant for both CASA and the entities it governs. CASA must ensure that all ADs issued are compliant with international standards and are necessary for the safety of air navigation. Entities such as aircraft manufacturers and operators are required to follow the ADs applicable to their aircraft, ensuring that they undertake necessary inspections, repairs, and modifications in a timely manner to maintain airworthiness. Failure to comply with ADs can result in serious safety risks and potential legal consequences.
There are specific consequences for breaches of ADs as stipulated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Offences related to non-compliance with ADs can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment. The exact penalties depend on the severity of the breach and the specific regulations violated, but they are designed to enforce strict compliance with airworthiness standards to ensure the safety of air navigation.