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 clarify the FAA approved Alternate Means of Compliance (AMOC). The amended AD, AD/B737/201 Amendment 4, will become effective on 12 August 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 A/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 by the Commonwealth Parliament to regulate civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. A significant aspect of this regulation is the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue these directives, which are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs serve to align Australian regulations with international standards as set by the International Civil Aviation Organization (ICAO). When a State of Design, such as the United States, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to ensure compliance and safety. This process underscores Australia's commitment to international aviation safety standards and its role as a State of Registry under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, enables the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. The Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and regulatory bodies such as the Civil Aviation Safety Authority (CASA). ADs are legislative instruments that mandate compliance with specific safety requirements for particular types of aircraft or aeronautical products. The geographic reach of this legislation is national, applying to all aircraft registered in Australia, regardless of whether they are domestically or internationally operated. Under the Act, CASA, as Australia's national airworthiness authority, must issue ADs when necessary to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). For example, when the United States Federal Aviation Administration issues an AD for Boeing 737 series aircraft, CASA must assess and, if appropriate, issue a corresponding AD for Australian-registered aircraft. The ADs are tailored to the specific requirements set by the State of Design and are issued without public consultation due to their alignment with international obligations. This process underscores the importance of harmonising safety regulations across jurisdictions to maintain the high standards of aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (39.001(1)). These directives are designed to ensure that the aircraft or products remain airworthy. Section 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are typically issued by the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties under the ADs primarily concern the continuing airworthiness of aircraft. The State of Design is responsible for issuing ADs and providing necessary information to ensure airworthiness, while the State of Registry must adopt or develop requirements to maintain the airworthiness of aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. This ensures that Australian aircraft comply with international safety standards.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence. The specific penalties for such offences are not detailed in the explanatory statement but generally could include fines and other sanctions that align with the severity of the non-compliance. Additionally, failure to adhere to ADs may result in the grounding of aircraft, potentially affecting air travel safety and leading to further legal or regulatory actions against the operators or owners of the aircraft.
CASA, as the issuing authority, has the responsibility to ensure that ADs are effectively implemented and complied with within the Australian aviation sector. The agency must ensure that all relevant stakeholders are informed of the ADs and understand the requirements placed upon them. This includes airlines, aircraft maintenance organisations, and other entities involved in the operation and maintenance of aircraft. CASA’s role is critical in maintaining the safety and airworthiness standards required under international and Australian aviation regulations.