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 USA FAA issued AD 2002-19-52, affecting Boeing 737 aircraft, in 2002. The USA is the State of Design for the Boeing 737-600, -700, -700C, 800 and 900 types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/B737/198 Amendment 1, will become effective on 23 June 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, establishes the legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that safeguard air navigation, with a particular focus on airworthiness. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. These ADs are legislative instruments and are subject to disallowance and review by the Office of Regulatory Review. The objective of the ADs is to ensure that aircraft remain airworthy and comply with international standards as set out in the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specified types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The ADs must align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry. In response to an AD issued by the USA Federal Aviation Administration (FAA) concerning Boeing 737 aircraft, CASA has amended the equivalent Australian AD to Amendment 1, reflecting Australia’s commitment to international civil aviation standards and obligations. This amendment cancels and replaces the previous AD, effective from 23 June 2005, and was issued without public consultation due to its alignment with international obligations and the nature of ADs as legislative instruments.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the 1998 Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. This process is further clarified in subregulation 39.001(5), which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative backbone ensures that ADs serve as a critical tool in maintaining the safety and airworthiness of aircraft.
The obligations placed on the parties involved under this legislative framework are multifaceted. The State of Design, responsible for the overall continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. These responsibilities underscore a collaborative international effort to uphold safety standards in civil aviation.
Failure to comply with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can face civil penalties, including fines, as well as potential criminal charges. The severity of these penalties can vary based on the nature and extent of the non-compliance. For instance, operating an aircraft that does not comply with an AD can result in significant fines and imprisonment for the person in charge of the aircraft, reflecting the gravity of ensuring air safety.
To illustrate, consider the example of the Boeing 737 aircraft, where the USA Federal Aviation Administration (FAA) issued AD 2002-19-52 in 2002. Given that the USA is the State of Design for certain Boeing 737 models, CASA responded by amending the Australian equivalent AD to Amendment 1, which became effective on 23 June 2005. This amendment reflects Australia’s commitment to international safety standards and obligations under the Convention on International Civil Aviation. Notably, this AD was issued without public consultation as it is a response to an AD from the relevant State of Design, and it was determined that no Regulatory Impact Statement was necessary. This process ensures that safety directives are implemented efficiently and effectively, maintaining the highest standards of airworthiness.