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 2011-14-05, affecting Boeing 737 aircraft, in 2011. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to approve the use of an FAA approved Alternate Means of Compliance (AMOC) without the need to obtain an exclusion from CASA. The amended AD, AD/B737/164 Amendment 2, will become effective on 12 August 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 A/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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation and aircraft operations. The Act grants the Governor-General the authority to make regulations to ensure air navigation safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for ADs, aligning with international standards set by the International Civil Aviation Organization (ICAO).
This specific airworthiness directive was issued in response to a corresponding directive from the United States Federal Aviation Administration (FAA), reflecting Australia’s commitment to international aviation safety standards under the Convention on International Civil Aviation. CASA amended the existing AD to approve an Alternate Means of Compliance (AMOC) for Boeing 737 aircraft without requiring an exclusion from CASA. This change was made under the authority granted by section 94 of the Civil Aviation Act 1988 and was executed by CASA to ensure compliance with international obligations and maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act applies to the Civil Aviation Safety Authority (CASA), which is responsible for making and enforcing these regulations. The ADs, as legislative instruments, apply to specific kinds of aircraft or aeronautical products, and in this case, the AD/B737/164 Amendment 2 specifically affects Boeing 737 aircraft. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, where the State of Design, such as the United States in this case, is responsible for providing necessary information to ensure airworthiness. The ADs are issued by CASA as Australia’s national airworthiness authority, which mandates the requirements of the State of Design to the aircraft on the Australian Register. The ADs do not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are intended to ensure the continuing airworthiness of aircraft in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Under subregulation 39.001(5), these directives must be issued to address safety concerns and maintain the safety standards required for air navigation.
The obligations imposed by the ADs are primarily on the State of Registry, which is responsible for ensuring the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, such as the United States in the case of the Boeing 737, CASA, as Australia’s national airworthiness authority, must review the information and, if necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft comply with the safety requirements stipulated by the ADs. CASA has the discretion to approve alternate means of compliance, as demonstrated in the amendment to AD/B737/164 Amendment 2, which allows the use of an FAA-approved Alternate Means of Compliance (AMOC) without requiring a separate exclusion from CASA.
Failure to comply with an AD can result in significant consequences. Under section 98 of the Civil Aviation Act 1988, CASA has the power to take enforcement actions against non-compliance, which can include both civil and criminal penalties. For instance, operating an aircraft that does not comply with an AD can lead to fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The specific penalties can vary but are designed to enforce adherence to safety standards and protect the public from potential hazards.
In summary, the ADs play a critical role in maintaining the safety of air navigation by mandating compliance with continuing airworthiness requirements. CASA’s role is to ensure that Australian-registered aircraft meet these standards by issuing corresponding directives and enforcing compliance. The obligations are clear and stringent, with significant penalties for non-compliance to ensure the highest safety standards are upheld in the aviation sector.