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 FAA issued 2002-19-51 R1, affecting Boeing 737 aircraft, in 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 accept an FAA approved Alternate Means of Compliance (AMOC). The amended AD, AD/B737/197 Amdt 3, will become effective on 27 July 2012. 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.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Acting Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. One of its key provisions is the authority for the Governor-General to make regulations for the purposes of the Act, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, as per international standards set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, issues these ADs following assessments of information provided by the State of Design, ensuring compliance with both international obligations and national safety standards. The objective of these regulations is to maintain the highest standards of safety in air navigation, reflecting Australia’s commitment to international civil aviation agreements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines the regulatory framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Act, the Governor-General has the authority to issue regulations that promote air safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument that must comply with the Legislative Instruments Act 2003 and is subject to disallowance under the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where an aircraft type is designed, is responsible for issuing ADs, and the State of Registry, in this case, Australia, must adopt and enforce these directives to ensure compliance with international airworthiness standards. This particular AD, AD/B737/197 Amdt 3, pertains to Boeing 737 aircraft and is issued in response to an AD by the Federal Aviation Administration (FAA) of the United States, the State of Design for this aircraft type. The AD accepts an FAA-approved Alternate Means of Compliance (AMOC) in lieu of the originally mandated requirements, reflecting industry feedback and effective on 27 July 2012.
Key Provisions
The key provisions of this piece of legislation are detailed in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003.
Under these provisions, CASA is required to assess information provided by the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. This obligation is clearly outlined in the legislative text, which mandates CASA to issue Australian ADs that align with those issued by the State of Design. This process ensures that aircraft registered in Australia meet international safety standards.
Non-compliance with ADs can lead to significant consequences. Operators who fail to adhere to the requirements of an AD may face enforcement actions under the Civil Aviation Act 1988, which could include fines or other penalties as determined by a court. Additionally, failure to comply with airworthiness directives can result in aircraft being grounded, which could disrupt flight operations and potentially endanger public safety. These penalties are designed to ensure that all parties maintain the highest standards of airworthiness.
The legislation also addresses the compatibility of ADs with human rights and freedoms. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and they are deemed compatible with human rights as they do not engage any of the applicable rights or freedoms. This conclusion is supported by the fact that ADs pertain strictly to technical requirements for aircraft safety, with no impact on personal freedoms or rights.