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 USA issued AD 2011-18-03, affecting Boeing 737 aircraft, in 2011. The USA is the State of Design for this type. This AD introduced a terminating action for CASA AD/B737/152. AD/B737/152 was based on FAA AD 2001-08-24. AD/B737/152 was amended by deleting the original text of the AD and incorporating the original FAA AD by reference. This was done to facilitate easier cross referencing to FAA AD 2011-18-03 Amdt 39-16785 which details the terminating actions for the requirements of this AD.
The amended AD, AD/B737/152 Amendment 1, will become effective on
30 September 2011. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the regulatory framework for civil aviation safety in Australia. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. One of the critical mechanisms established under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure that aircraft and aeronautical products meet safety standards. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs. The problem this legislation addresses is the need for a standardised and authoritative mechanism to ensure that aircraft and aeronautical products maintain airworthiness, thereby enhancing the safety of air navigation. The policy objective is to align Australian practices with international standards set by the Convention on International Civil Aviation, ensuring that Australian aircraft meet global safety benchmarks. The ADs are legislative instruments that CASA issues in response to international directives from the State of Design, reflecting Australia's commitment to international civil aviation safety.
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 types of aircraft or aeronautical products. These directives serve as a legislative instrument designed to ensure the safety of air navigation. The ADs are issued in response to obligations under the Convention on International Civil Aviation and are often a reflection of directives from the State of Design, the country where the aircraft type is designed. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements for the aircraft on the Australian Register. The ADs are tailored to specific aircraft types and are issued to mandate compliance with the continuing airworthiness requirements set forth by the State of Design. Exemptions and thresholds for these directives are not specified in the primary text but are likely to be detailed within the subordinate instruments or the specific ADs themselves.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, as stipulated under regulation 39.001 (subregulation 39.001(5)). These ADs serve as legislative instruments and are necessary to ensure the safety of air navigation, in line with section 98 of the Civil Aviation Act 1988. This authority is exercised to meet international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.
The ADs are instrumental in maintaining the continuing airworthiness of aircraft. The State of Design, responsible for the aircraft type, must provide essential information to the State of Registry to ensure the aircraft's continued airworthiness. In Australia, CASA assumes the role of the national airworthiness authority, assessing the information provided by the State of Design and issuing corresponding Australian ADs as necessary. This ensures compliance with international obligations and domestic safety standards.
When an AD is issued by the State of Design, such as the USA issuing AD 2011-18-03 for Boeing 737 aircraft, CASA evaluates and, if appropriate, issues an Australian AD to mandate the requirements. For instance, AD/B737/152 was based on FAA AD 2001-08-24 and subsequently amended to incorporate FAA AD 2011-18-03 Amdt 39-16785, facilitating easier cross-referencing. The amended AD, AD/B737/152 Amendment 1, was set to become effective on 30 September 2011.
There are no public consultations required for these ADs, as they stem from Australia's obligations under the Convention on International Civil Aviation and are in direct response to ADs raised by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The ADs are issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act.
Failure to comply with the ADs can lead to significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose obligations on parties and entities governed by these directives. Violations may result in civil penalties, such as fines, and potentially criminal penalties, depending on the severity of the breach. The maximum penalties are outlined in the relevant sections of the Act and Regulations, ensuring that non-compliance is met with appropriate deterrent measures.