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 United States FAA issued AD 2007-03-07, affecting Boeing 737 series aircraft, in 2007. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to include reference to an FAA Approved AMOC. The amended AD, AD/B737/201 Amendment 3, will become effective on 27 July 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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs). These directives are made under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and serve to mandate the requirements for maintaining the airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs, which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. Australia’s obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft, necessitate that CASA align with ADs issued by the States of Design, such as the United States in the case of the Boeing 737 series aircraft. This alignment ensures that Australian aircraft meet international safety standards, reflecting the global nature of aviation safety regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments, serving to ensure the continuing airworthiness of aircraft registered in Australia. Such directives are issued in response to obligations under international conventions, particularly the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of aircraft types and mandates the dissemination of necessary information to the States of Registry. For aircraft registered in Australia, CASA, as the national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing equivalent ADs as required. These regulations apply to all aircraft registered in Australia and their respective operators, ensuring compliance with safety standards set by international and national authorities. ADs do not require public consultation or a Regulatory Impact Statement as they are issued under specific international obligations and in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is a crucial provision under the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives ensure that aircraft maintain their airworthiness, which is a fundamental safety requirement. When an AD is issued by the State of Design, such as the United States for Boeing 737 series aircraft, CASA must review and, if necessary, issue a corresponding Australian AD. This was the case with AD/B737/201 Amendment 3, which was issued to align with the FAA’s AD 2007-03-07 and became effective on 27 July 2011.
The obligations imposed by these regulations are significant for both CASA and the State of Registry. CASA, as the national airworthiness authority, must ensure that any AD issued by the State of Design is assessed and, if required, implemented as an Australian AD. This involves a rigorous review process to ensure compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must develop or adopt requirements to maintain the airworthiness of the aircraft. This includes ensuring that all mandated safety measures are implemented and adhered to by the aircraft operators.
Failure to comply with the ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The penalties for such breaches can include substantial fines and, in severe cases, imprisonment. The exact penalties are determined by the court and can vary depending on the nature and severity of the breach. Additionally, non-compliance with an AD can lead to the grounding of affected aircraft, which has significant operational and financial implications for the operators. Ensuring adherence to ADs is, therefore, critical to maintaining the safety standards required by international aviation regulations.