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 issued AD 2002-05-07, affecting Boeing 737 aircraft, in the year 2002. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternative method of compliance (AMOC) to some of the requirements of the AD. This AMOC has been approved by the FAA. The amended AD, AD/737/181 Amendment 1, will become effective on 13 April 2006. 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 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations within the country. It empowers the Governor-General to make regulations in the interest of aviation safety, with a specific focus on the issuance of airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998, which were made under section 98 of the Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, thereby maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, and in the case of AD/737/181 Amendment 1, CASA has amended an Australian AD to incorporate an alternative method of compliance (AMOC) for certain requirements, approved by the Federal Aviation Administration (FAA) in the United States, the State of Design for Boeing 737 aircraft. This amendment responds to Australia’s international obligations and industry requests, without requiring public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was made by the Manager, Airframes, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with the Act.
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance and must adhere to the requirements of the Legislative Instruments Act 2003. Airworthiness directives serve as a fundamental mechanism for ensuring the ongoing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing primary responsibility for this task and the State of Registry implementing the necessary measures. CASA, acting on behalf of Australia, evaluates and, if necessary, issues Australian airworthiness directives to enforce the requirements set by the State of Design, ensuring alignment with international standards. In the case of the Boeing 737 aircraft, following the issuance of an airworthiness directive by the US Federal Aviation Administration (FAA) in 2002, CASA amended the corresponding Australian directive to incorporate an alternative method of compliance, approved by the FAA, reflecting Australia's commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs are considered legislative instruments, as outlined in subregulation 39.001(5) and in accordance with section 46A of the Acts Interpretation Act 1901. This regulatory framework is designed to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. Under this framework, the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type and must supply necessary information to the States of Registry. The State of Registry, in turn, must implement measures to ensure the airworthiness of individual aircraft.
The obligations imposed by these regulations on CASA include the assessment of airworthiness directives issued by the State of Design. When a directive is issued by the US Federal Aviation Administration (FAA) regarding Boeing 737 aircraft, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process is exemplified in the case of AD 2002-05-07, which was amended by CASA to allow an alternative method of compliance (AMOC) to some of its requirements. This AMOC was approved by the FAA, and the amended AD, designated as AD/737/181 Amendment 1, became effective on 13 April 2006. Given the international nature of these directives and the obligations under the Convention on International Civil Aviation, CASA did not consult the Australian public before issuing this AD, and the Office of Regulatory Review has concluded that a Regulatory Impact Statement is not required. The AD was 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.
Breaching the requirements of an airworthiness directive can have significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The specific penalties for such breaches can include fines and, in severe cases, imprisonment. The Civil Aviation (Penalties and Payments) Regulations 1997 outline the potential fines, which can reach up to $165,200 for individuals and significantly higher amounts for corporations. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australia. Ensuring compliance with these directives is therefore not only a legal obligation but also a critical aspect of maintaining the high safety standards required in civil aviation.