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 FAA issued AD 2002-080-20, affecting Boeing 737-600, -700, 700BBJ, -700C and -800 series aircraft, in 2002. The USA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to include that compliance with paragraph (b) of FAA AD 2003-03-22 (CASA AD/B737/210 Amdt 1) is terminating action for CASA AD/B737/185 Amdt 2. The amended AD, AD/B737/185 Amendment 2, will become effective on 12 May 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 - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the foundational legislation governing civil aviation in Australia. The Act was introduced to address the need for comprehensive regulation of civil aviation to ensure the safety and efficiency of air travel within Australia. Under the authority granted by section 98 of the Act, the Civil Aviation Safety Regulations 1998 were also established to provide detailed rules for the safety and airworthiness of aircraft and aeronautical products. An airworthiness directive (AD) issued under regulation 39.001 of these Regulations is a legislative instrument subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is mandated to issue such directives, reflecting Australia’s commitment to international aviation safety standards and the responsibilities of the State of Registry for individual aircraft. The specific AD discussed, AD/B737/185 Amendment 2, was issued in response to an airworthiness directive from the United States Federal Aviation Administration concerning Boeing 737 aircraft, reflecting Australia’s obligations under international conventions.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation, consistent with the overarching objective of the Act. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation as per the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered within Australia, aligning with the international obligations set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of aircraft types, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft within its jurisdiction. In response to ADs issued by the State of Design, CASA issues equivalent Australian ADs, which are binding and enforceable upon the relevant aircraft operators. In this specific case, CASA has amended an existing Australian AD pertaining to certain Boeing 737 aircraft, reflecting changes requested by industry and based on a Federal Aviation Administration AD, thereby ensuring compliance with international standards and obligations without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to section 98 of the Civil Aviation Act 1988 (section 39.001(1)). These directives are intended to ensure the safety of air navigation. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003 (section 39.001(5)). ADs are crucial for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design bears responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry to facilitate this. In Australia, CASA, as the national airworthiness authority, must evaluate the information from the State of Design and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design.
Under these regulations, the obligations imposed on parties and entities include ensuring compliance with the issued ADs. Specifically, the State of Design must provide comprehensive information to ensure the continuing airworthiness of the aircraft type, while the State of Registry, in this case CASA, must assess this information and issue an Australian AD if required. This involves meticulous evaluation to ascertain whether the AD issued by the State of Design necessitates a corresponding AD in Australia. Furthermore, any amendments to an existing AD must be communicated clearly and effectively, as demonstrated by the amendment to CASA AD/B737/185 Amendment 2, which became effective on 12 May 2005.
Failure to comply with the provisions of an AD may result in severe consequences. The Civil Aviation Regulations 1998, along with the Civil Aviation Act 1988, outline the penalties for non-compliance. These may include both civil and criminal penalties, depending on the severity and intent behind the breach. For instance, serious violations could result in substantial fines or imprisonment, as prescribed by the relevant sections of the Civil Aviation Act 1988 and other applicable legislation. It is essential for all parties involved to adhere strictly to the ADs to maintain the highest standards of aviation safety.