AD/B737/18 Amdt 2 – Take-Off Warning

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Legislation au F2013L01703 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B737/18 Amdt 2 — Take-Off Warning

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 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 subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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. AD/B737/18 Amdt 2 applies to the Boeing 737 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued AD
88-22-09 affecting Boeing 737 series aeroplanes in 1988. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/18 Amdt 1 to mandate the requirements of FAA AD 88-22-09. As a result of a request from industry, CASA has amended AD/B737/18 Amdt 1 to allow the use of FAA Alternate Means of Compliance (AMOC) Letter 98-103S-83 dated 18 Feb 1998 as an alternate means of complying with the requirements of this AD. The amended AD, AD/B737/18 Amdt 2, will become effective on 27 September 2013. This AD cancels and replaces the previous issue.


Consultation

This amendment is being made at the request of industry, in particular an operator of the Boeing 737 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from approving an alternate means of complying with the requirements of the AD, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 27 September 2013.

 

The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

[Instrument number AD/B737/18 Amdt 2]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/B737/18 Amdt 2 – Take-Off Warning

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The United States of America Federal Aviation Administration (FAA) issued AD
88-22-09 affecting Boeing 737 series aeroplanes in 1988. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B737/18 Amdt 1 to mandate the requirements of FAA AD 88-22-09. As a result of a request from industry, CASA has amended AD/B737/18 Amdt 1 to allow the use of FAA Alternate Means of Compliance (AMOC) Letter 98-103S-83 dated 18 Feb 1998 as an alternate means of complying with the requirements of this AD. The amended AD, AD/B737/18 Amdt 2, will become effective on 27 September 2013. This AD cancels and replaces the previous issue.

 

Human rights implications

 

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, and under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act. In accordance with regulation 39.001 of the CASR 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. AD/B737/18 Amdt 2, which applies to Boeing 737 Series aircraft, was introduced in response to a request from industry to allow the use of a specific FAA Alternate Means of Compliance (AMOC) Letter as an alternate means of complying with the requirements of an existing AD. The policy objective is to maintain the continuing airworthiness of aircraft on the Australian Register by ensuring compliance with internationally recognised safety standards. The AD was made by a delegate of CASA relying on the power of delegation under the CASR 1998 and the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment Instrument 2013 (AD/B737/18 Amdt 2) applies specifically to Boeing 737 Series aircraft operating in Australia. The regulation is a legislative instrument made by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, under the powers conferred by the Civil Aviation Act 1988. The amendment allows operators of Boeing 737 aircraft to comply with an alternate means of compliance as specified by the Federal Aviation Administration (FAA) of the United States, the State of Design for the Boeing 737. This amendment, which becomes effective on 27 September 2013, replaces the previous AD/B737/18 Amdt 1, and is a response to a request from the aviation industry. It is noteworthy that this amendment is minor and does not substantially alter existing arrangements, thereby not requiring further consultation or a Regulatory Impact Statement. Additionally, the Office of Regulatory Review has determined that the instrument is compatible with human rights, as outlined in the attached Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998), amended by AD/B737/18 Amdt 2, applies to Boeing 737 series aircraft and mandates the requirements of FAA AD 88-22-09, with an allowance for the use of FAA Alternate Means of Compliance (AMOC) Letter 98-103S-83 dated 18 Feb 1998 as an alternate means of compliance. This amendment, which became effective on 27 September 2013, replaces the previous AD/B737/18 Amdt 1. The amendment was made in response to a request from the industry and is considered of minor or machinery nature, not substantially altering existing arrangements. The obligations imposed by this amendment require the operators of Boeing 737 series aircraft to ensure that their aircraft meet the requirements of AD 88-22-09, as mandated by CASA. Specifically, operators must comply with the regulations by adhering to the stipulated safety measures, including the use of the FAA AMOC Letter 98-103S-83 where applicable. Operators must ensure that their aircraft are equipped with the necessary modifications or devices to comply with these regulations, thereby maintaining the aircraft's airworthiness. Failure to comply with the requirements set forth in AD/B737/18 Amdt 2 can result in significant legal and safety consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives is a serious offence. Penalties for breaching these regulations can include substantial fines and potential criminal charges, with the exact penalties depending on the severity and impact of the non-compliance. Furthermore, non-compliance can lead to the grounding of aircraft, which can have severe operational and financial repercussions for the operators. The AD/B737/18 Amdt 2 also addresses the compatibility of the legislative instrument with human rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. The statement of compatibility confirms that the amendment does not engage any applicable rights or freedoms, and is therefore compatible with human rights. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, further underscoring the minor nature of this amendment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.