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 has issued AD 2006-26-13 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/174 Amendment 1, which will become effective on 15 March 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, enacted by the Commonwealth Parliament, establishes the framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail on the regulatory requirements for civil aviation. One such requirement is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as permitted under section 98 of the Act. These ADs are legislative instruments, which are subject to disallowance and review as per the Legislative Instruments Act 2003. The ADs serve to mandate the requirements for the continuing airworthiness of aircraft types as determined by the relevant State of Design, ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. This particular AD, issued in response to the US Federal Aviation Administration's AD 2006-26-13, reflects Australia’s commitment to international civil aviation obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. This legislation applies to the State of Registry of an aircraft, which is responsible for ensuring that the aircraft meets the required airworthiness standards. In the case of Australia, CASA, as the national airworthiness authority, must assess and implement ADs issued by the State of Design, which for certain aircraft types may be another country, such as the United States for Boeing B737 model aircraft. Exemptions and thresholds for ADs are not specified in the explanatory statement, but their issuance is governed by international obligations and the necessity to comply with airworthiness standards. Furthermore, the ADs are issued without public consultation and do not require a Regulatory Impact Statement, as they are based on international obligations and existing regulatory frameworks.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, particularly section 98, allow the Governor-General to create regulations for the Act's purposes, with a focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Under subregulation 39.001(5), these ADs are considered disallowable instruments, meaning they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Act and the Regulations impose specific obligations on CASA and other entities. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. The State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure it, in line with Annex 8 to the Convention on International Civil Aviation. The State of Design has the overall responsibility for continuing airworthiness of an aircraft type and must provide any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry.
Failure to comply with the requirements set forth in an AD can result in severe consequences. Offences and penalties under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can include both civil and criminal liabilities. The specific penalties for breaches are not detailed in the provided text, but they typically range from fines to imprisonment, depending on the severity of the offence and the particulars of the breach. Ensuring compliance with ADs is critical to maintaining the safety standards mandated by the Act and the Regulations.