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/B737/138, Amendment 1. The compliance time for terminating action has now passed and the repetitive inspection requirements are now redundant. Consequently, CASA has cancelled Australian AD/B737/138, Amendment 1. 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 to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the protection of life and property. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially mandated by CASA in response to directives from the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 ensure that CASA, as Australia's national airworthiness authority, must respond appropriately to directives issued by the State of Design to maintain the continuing airworthiness of aircraft registered in Australia. The process of issuing, amending, or cancelling ADs, such as the cancellation of Australian AD/B737/138, Amendment 1, is carried out by CASA in accordance with the legislative requirements set forth in the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to any aircraft registered in Australia and are a critical tool in maintaining the continuing airworthiness of those aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type has the primary responsibility for ensuring its airworthiness, and CASA, as Australia's national airworthiness authority, must assess and potentially issue corresponding ADs based on directives from the State of Design. The application of these regulations extends nationally, with CASA issuing and managing ADs to enforce compliance among aircraft operators within Australia. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations is limited to matters concerning airworthiness and does not extend to other areas of civil aviation not directly related to safety.
Key Provisions
The Civil Aviation Safety Regulations 1998 (under regulation 39.001) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legally binding instruments created to ensure the continuing safety of aircraft in Australian airspace, and they are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the context of Australia, CASA, as the national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
Entities and individuals subject to these ADs, including aircraft operators, maintenance organisations, and pilots, have specific obligations under the Civil Aviation Safety Regulations 1998. These obligations include adhering to the prescribed actions, inspection intervals, and repair or replacement directives outlined in the ADs. Failure to comply with these requirements can result in the aircraft being considered unairworthy, potentially leading to grounding and severe legal consequences. Furthermore, any person who contravenes the ADs or the Civil Aviation Act 1988 may face enforcement actions, including fines and potential criminal charges.
Violations of the ADs or the Civil Aviation Act 1988 can result in significant penalties. Under the Act, an individual found guilty of an offence may face fines up to $21,000 for a basic offence, and corporations may incur fines up to $105,000. In more severe cases, where the offence poses a significant risk to aviation safety, the penalties can escalate further. Additionally, CASA has the authority to pursue civil penalties for non-compliance, which can include substantial fines and legal action. These stringent penalties underscore the importance of adhering to ADs and maintaining the airworthiness of aircraft.