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 AD 2002-16-03, affecting Boeing Model 737 Series aircraft, in 2002. FAA subsequently issued AD 2005-18-23 in 2005 which superseded AD 2002-16-03. The United States is the State of design for these models. As a result of the FAA issuing a superseding AD, CASA has cancelled AD/B737/188 Amendment 1 and issued superseding AD, AD/B737/297. The cancellation of AD/B737/188 Amendment 1 will become effective on 21 December 2006.
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, New Technologies and Systems, 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 Australian Parliament, serves as the foundational piece of legislation governing civil aviation in Australia. The Act was introduced to address the need for a comprehensive legal framework ensuring the safety and efficiency of civil aviation within the country. One of the mechanisms through which the Act achieves this is via the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are intended to ensure that aircraft and aeronautical products meet safety standards. The policy objective is to maintain and enhance the safety of air navigation in accordance with Australia’s international obligations, including those under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing and, when necessary, issuing these directives to ensure that aircraft registered in Australia comply with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered in the country. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs serve as a mechanism for implementing continuing airworthiness information, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing corresponding ADs to enforce the necessary requirements. The scope of this legislation applies to entities such as aircraft manufacturers, operators, and maintenance providers who must comply with the ADs to ensure the safety and airworthiness of the aircraft they manage. The jurisdictional reach of this legislation is national, with CASA operating under the authority of the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds stated within this regulation; however, the ADs themselves may contain specific conditions or limitations. The application of the ADs can be extended or restricted through subordinate instruments, but no such extensions or restrictions are mentioned in the provided text.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations for air safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003. The issuing of these ADs is grounded in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for an aircraft type's continuing airworthiness. This includes providing any necessary information to the States of Registry to ensure the aircraft's airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are clear and significant. The State of Design, for instance, must provide information to ensure the continuing airworthiness of the aircraft type, and the State of Registry must either develop or adopt requirements to maintain this airworthiness. CASA, as Australia's national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if necessary, issuing an Australian AD that reflects the State of Design's requirements. This is exemplified by CASA's response to the United States Federal Aviation Administration's issuance of ADs for Boeing Model 737 Series aircraft, where CASA cancelled and reissued ADs to align with the updated US directives.
The implications of failing to comply with the ADs or the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be severe. Non-compliance with ADs can result in serious safety risks, potentially leading to aircraft being grounded or even accidents. Although the specific civil or criminal penalties for non-compliance are not detailed in the text, it is reasonable to infer that they could include substantial fines and other penalties, reflecting the critical nature of adhering to airworthiness standards. The legislative framework is designed to ensure that all stakeholders are aware of their obligations and the consequences of not fulfilling them, thereby maintaining high safety standards in the aviation sector.