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 2008-21-02 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/B737/191, Amendment 1, which will become effective on 18 December 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety of air navigation and to provide a legislative framework for civil aviation in Australia. The Act empowers the Governor-General to make regulations that contribute to the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to ensure the continuing airworthiness of aircraft and are considered legislative instruments. The ADs are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In this context, CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as they are disallowable instruments under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to ADs issued by other ICAO Contracting States, such as the US Federal Aviation Administration (FAA). For instance, in response to FAA's AD 2008-21-02 for Boeing B737 model aircraft, CASA issued Australian AD/B737/191, Amendment 1, effective from 18 December 2008. This process does not involve public consultation, and no Regulatory Impact Statement is required, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901, and it is subject to disallowance in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, the obligations imposed by these airworthiness directives are significant. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design (the country responsible for the design of the aircraft) and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft comply with international standards for airworthiness. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft and must develop or adopt requirements to this effect.
Failure to comply with the mandates set out in an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, any person who contravenes the provisions of an AD can be subject to civil or criminal penalties. The specific penalties can vary but may include fines and imprisonment, depending on the severity and intent of the violation. For example, if an airline fails to comply with an AD, CASA may impose administrative penalties, and in more serious cases, criminal charges could be brought against the airline or its officers.
In summary, the Civil Aviation Safety Regulations 1998 enable CASA to issue airworthiness directives to ensure the safety and airworthiness of aircraft registered in Australia. These directives are based on international standards and are designed to enforce compliance with continuing airworthiness requirements. Non-compliance with these directives can result in significant civil and criminal penalties, highlighting the importance of adhering to these safety regulations.