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 USA issued AD 2011-18-03, affecting Boeing 737 aircraft, in 2011. The USA is the State of Design for this type. This AD introduced a terminating action for CASA AD/B737/198 Amdt 1. AD/B737/198 and AD/B737/198 Amdt 1 were based on FAA AD 2002-19-52. AD/B737/198 Amdt 1 was amended by including original wording from the original AD. This was done to facilitate easier cross referencing to FAA AD 2011-18-03 Amdt 39-16785 which details the terminating actions for the requirements of this AD.
The amended AD, AD/B737/198 Amendment 2, will become effective on
30 September 2011. 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 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 provide a comprehensive framework for regulating civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The policy objective is to ensure that Australian aircraft and aeronautical products maintain their airworthiness, thereby enhancing aviation safety in line with international standards set by the International Civil Aviation Organization (ICAO). In response to an AD issued by the United States, the State of Design for Boeing 737 aircraft, CASA issued AD/B737/198 Amendment 2, which became effective on 30 September 2011. This action was necessary to meet Australia’s obligations under the Convention on International Civil Aviation and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are issued in response to obligations under international conventions, such as the Convention on International Civil Aviation, which mandates that the State of Design has responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA for Australia, must then ensure that the appropriate requirements are met for aircraft registered within its jurisdiction. For instance, following a directive from the United States, the State of Design for Boeing 737 aircraft, CASA issued AD/B737/198 Amendment 2 to align with the international standards. This process does not require public consultation or a Regulatory Impact Statement as it pertains to international obligations and safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001, respectively. ADs are legislative instruments that pertain to the continuing airworthiness of aircraft types, and are issued by the Civil Aviation Safety Authority (CASA) in accordance with international conventions. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to ensure its continued safety, while the State of Registry, such as Australia in this context, must implement these requirements domestically. CASA, as the national airworthiness authority, is tasked with assessing foreign ADs and issuing corresponding Australian ADs when necessary.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft operators and manufacturers, are required to comply with the ADs issued by CASA. These directives mandate specific maintenance, inspection, or operational procedures to address safety issues identified with particular types of aircraft. Compliance with these ADs is crucial for maintaining the airworthiness of the aircraft in question and ensuring the safety of all individuals involved in air navigation. Failure to adhere to these requirements can result in severe consequences, including the potential grounding of aircraft and legal action against non-compliant entities.
Breaches of ADs may result in significant civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to substantial fines and other civil penalties. Additionally, if an AD violation contributes to an accident or incident, it may result in criminal charges against individuals responsible for the oversight of the aircraft. The maximum penalties for such offences can vary, but they are designed to enforce strict compliance with safety regulations to protect the public and maintain the integrity of the aviation system. The seriousness of these penalties underscores the importance of adhering to ADs and ensuring the continued airworthiness of aircraft.