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 FAA has issued AD 92-09-02 Amendment 39-8227 affecting Boeing B737-100 / -200 aircraft. USA is the State of Design for B737 aircraft types. CASA has assessed this AD and as a result has cancelled Australian AD/B737/2. The cancellation will become effective on 16 March 2006. The requirements of CASA AD/B737/2 are now reflected by CASA AD/B737/273.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and robust system to ensure the safety, efficiency, and orderly growth of civil aviation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, thereby ensuring that the safety of air navigation is upheld. The Civil Aviation Safety Regulations 1998 further detail the requirements and processes for issuing ADs, which are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft. These regulations align with the international standards set by the International Civil Aviation Organization (ICAO) and reflect Australia’s obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that the continuing airworthiness of aircraft is maintained through the timely and appropriate issuance of ADs by the Civil Aviation Safety Authority (CASA).
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby ensuring adherence to safety standards. These ADs apply to aircraft registered in Australia, encompassing various aircraft types and aeronautical products, and are subject to the overarching responsibility of the State of Design for the continuing airworthiness of an aircraft type. This responsibility extends to providing necessary information to ensure airworthiness, which CASA then assesses and may implement through an Australian AD. The application of ADs is mandated by the Convention on International Civil Aviation, with the State of Registry being responsible for the continuing airworthiness of individual aircraft. Any AD issued by a State of Design, such as the USA FAA's AD 92-09-02 Amendment 39-8227 for Boeing B737-100/-200 aircraft, must be evaluated by CASA. If appropriate, CASA may cancel or amend existing Australian ADs, as seen in the cancellation of Australian AD/B737/2 in response to the USA FAA's directive, which is reflected in CASA AD/B737/273. The process of issuing and cancelling ADs is conducted under the authority of the Civil Aviation Act 1988, ensuring that Australian aviation safety regulations align with international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are issued for specific types of aircraft or aeronautical products and are mandated under section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. A notable provision is subregulation 39.001(5) which classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to meticulously assess any ADs issued by the State of Design, which is the country where the aircraft type was originally designed. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to ensure compliance with airworthiness standards. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements set by the State of Design. This ensures that all aircraft registered in Australia comply with internationally recognised safety standards.
Non-compliance with the ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, failure to adhere to the issued ADs can result in civil or criminal penalties. For instance, operating an aircraft that does not comply with an AD may lead to enforcement actions by CASA, which could include fines or other regulatory sanctions. The specific penalties can vary, but they are designed to enforce strict compliance with airworthiness directives to maintain the highest safety standards in aviation.
Additionally, the cancellation of an AD, such as the USA FAA’s AD 92-09-02 Amendment 39-8227 affecting Boeing B737-100/-200 aircraft, must be carefully managed. CASA has cancelled Australian AD/B737/2 in response to this AD and has reflected the requirements in a new AD, CASA AD/B737/273. The process of cancelling and issuing new ADs is governed by the obligations under the Convention on International Civil Aviation, and CASA ensures that these changes are implemented without requiring public consultation, as deemed by the Office of Regulatory Review. The AD is issued by the Manager, New Technologies and Systems, within CASA, in accordance with subsection 84A(2) of the Act, ensuring that all actions are legally compliant and justified under existing regulatory frameworks.