CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-10-11, affecting Boeing 737 series aircraft, in 2005. AD 2005-10-11 superseded AD 2001-14-10 which was issued by the FAA in 2001. The United States is the State of Design for this equipment. As a result of the FAA issuing a superseding AD, CASA has amended the equivalent Australian AD to include a terminating action for the repetitive inspection of main wheel connectors. The amended AD, AD/B737/161 Amendment 1, will become effective on 4 August 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to make regulations under section 98 for the purposes of the Act, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further support this objective by enabling 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 and are critical in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO).
In line with Australia's obligations under the Convention on International Civil Aviation, CASA is required to issue Australian ADs when the State of Design issues corresponding directives. This ensures that Australian aircraft meet necessary safety standards. For example, in response to the United States Federal Aviation Administration (FAA) issuing AD 2005-10-11 for Boeing 737 series aircraft, CASA amended the equivalent Australian AD, resulting in AD/B737/161 Amendment 1, which became effective on 4 August 2005. This action highlights the importance of international cooperation in maintaining aviation safety while ensuring that regulatory processes are efficiently managed within Australia.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation, as mandated under section 98 of the Act. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and are issued in response to international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design. When a State of Design, such as the United States, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements. Exemptions or exclusions from these directives are not specified within the regulatory framework, and the ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs apply nationally, reflecting Australia’s commitment to international safety standards and ensuring consistency in airworthiness requirements across the country.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a legislative instrument that can be disallowed under the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities they govern include ensuring the continuing airworthiness of aircraft. The State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its territory. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The ADs are intended to maintain safety standards and compliance with international conventions, and are issued in response to the obligations under the Convention on International Civil Aviation and to ensure the safety of air navigation.
There are no explicit offences, penalties, or civil/criminal consequences for breach of the ADs mentioned in the provided text. However, non-compliance with ADs may result in serious safety risks and potential legal consequences for the aircraft operator or owner, as the ADs are designed to maintain safety standards and ensure the airworthiness of aircraft. The ADs, being legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901, which provides a mechanism for addressing non-compliance or potential breaches of the ADs. The potential consequences for non-compliance with ADs may include grounding of the affected aircraft, fines, or other legal action by CASA or relevant authorities.