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 99-21-15, affecting Boeing 737 type aircraft, in 1999. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow compliance with later service bulletin revisions. The amended AD, AD/B737/121 Amendment 2, will become effective on 21 December 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, New Technologies and Systems, 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act provides the legislative framework under which the Civil Aviation Safety Authority (CASA) operates, focusing on the safety of air navigation. One significant aspect of this legislation is the ability for CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are intended to maintain the continuing airworthiness of aircraft in line with international standards. These ADs, as legislative instruments, must be consistent with Australia’s obligations under the Convention on International Civil Aviation and are issued in response to directives from the aircraft's State of Design, such as the United States in the case of Boeing 737 type aircraft. The policy objective is to ensure that Australian aircraft meet international safety standards, thereby protecting public safety and maintaining Australia’s compliance with global aviation regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, which must align with the safety of air navigation and are subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are integral to ensuring the continuing airworthiness of aircraft types and are issued by the State of Design, with the State of Registry responsible for implementing these directives within their jurisdiction. For Australian registered aircraft, CASA, acting as the national airworthiness authority, evaluates and, if necessary, issues corresponding ADs in accordance with international obligations under the Convention on International Civil Aviation. An example of this process is seen in the amendment of AD/B737/121 Amendment 2 for Boeing 737 aircraft, which responds to a directive issued by the United States Federal Aviation Administration, the State of Design. This AD was issued without public consultation and does not require a Regulatory Impact Statement, reflecting its technical and regulatory nature rather than a broad public policy consideration.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in maintaining the safety standards of aircraft registered in Australia. Under this regulation, ADs serve as legislative instruments, subject to disallowance in accordance with section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In line with international standards, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its safety, which is then assessed and potentially mandated by the State of Registry, such as CASA in Australia.
Entities governed by the Civil Aviation Safety Regulations 1998 are required to adhere to the mandates set forth in ADs. This includes both the State of Design and the State of Registry, with CASA playing a pivotal role in the Australian context. For example, when an AD is issued by the United States Federal Aviation Administration (FAA) for Boeing 737 aircraft, CASA must review the directive and, if necessary, issue a corresponding Australian AD. This process ensures that all aircraft registered in Australia meet the safety standards required by international conventions and Australian regulations.
Failure to comply with ADs can result in serious consequences. Entities that neglect to adhere to the mandated requirements may face legal repercussions. Under section 98 of the Civil Aviation Act 1988, breaches of airworthiness directives can lead to enforcement actions, which may include civil penalties or criminal charges. The exact penalties depend on the severity of the breach, but they can be significant, reflecting the importance of maintaining air safety standards. For instance, non-compliance with an AD can result in fines and, in severe cases, imprisonment for responsible individuals or corporations.