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 US FAA issued AD 2000-05-29, affecting Boeing B737 model aircraft, in 2000. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the reference to the relevant service bulletin. The amended AD, AD/B737/141 Amendment 1, will become effective on 30 August 2007. 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, Airframes 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 regulate civil aviation activities within Australia, aiming to ensure the safety of air navigation. The Act grants the Governor-General the authority to create regulations, including airworthiness directives, to maintain safety standards. The Civil Aviation Safety Regulations 1998 further elaborate on these directives, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft or aeronautical products. Such directives are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework responds to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, ensures compliance with these international standards by issuing Australian airworthiness directives when necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are aimed at ensuring the continuing airworthiness of aircraft registered in Australia. The authority to issue such directives arises from the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the airworthiness of aircraft types, which is then adopted or mandated by the State of Registry. In Australia, CASA, acting as the national airworthiness authority, assesses information from the State of Design and issues corresponding ADs to enforce these requirements on aircraft registered within Australia. The issuance of these directives, such as the recent amendment to AD/B737/141 Amendment 1 affecting Boeing B737 model aircraft, is a direct response to international obligations and industry requests, and does not necessitate public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, responsible for the continuing airworthiness of aircraft types, must provide necessary information to States of Registry, as per Annex 8 of the Convention on International Civil Aviation. States of Registry must implement measures to ensure aircraft airworthiness, and CASA must issue Australian ADs if required by the State of Design.
The obligations imposed by this legislation include the State of Design providing necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry developing or adopting requirements to ensure airworthiness. CASA, as Australia's national airworthiness authority, must assess this information and issue Australian ADs when necessary. This process ensures that Australian aircraft comply with international safety standards and that airworthiness information is consistent across jurisdictions. Furthermore, the State of Design and State of Registry must collaborate to maintain the safety and airworthiness of aircraft operating within their jurisdictions.
Failure to comply with the requirements of ADs may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, non-compliance with ADs may lead to fines or imprisonment for individuals or corporations. The maximum penalties for breaches of ADs are not explicitly stated in the provided text, but they can be severe, reflecting the importance of adhering to airworthiness standards. The consequences of non-compliance can include aircraft grounding, suspension of operations, or even revocation of airworthiness certificates. Such penalties underscore the critical role of ADs in maintaining the safety and integrity of the aviation industry.