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/B737/202 Amdt 1. AD/B737/202 was based on FAA AD 2002-24-51 and amended to AD/B737/202 Amdt 1 by the USA FAA Alternative Method of Compliance letter 140S-04-105. AD/B737/202 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/B737/202 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 legal framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and play a critical role in maintaining the continuing airworthiness of aircraft, aligning with the international standards set by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, responsible for assessing information from the State of Design and issuing appropriate ADs to ensure compliance with international obligations and Australian safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under the Legislative Instruments Act 2003. The regulations apply to all entities and persons involved in the design, manufacture, and operation of aircraft registered in Australia, ensuring they adhere to the necessary safety standards as stipulated by both national and international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The scope of these regulations encompasses all aircraft types registered within Australia, necessitating compliance with any airworthiness directives issued by CASA or adopted from foreign jurisdictions, such as the United States in the case of Boeing 737 aircraft. The geographic reach of these regulations is national, with CASA acting as Australia's primary authority to mandate compliance with international airworthiness standards.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to this legislation include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to regulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments. This legislative framework aligns with the requirements set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry.
The obligations imposed by the Act and the regulations are significant. The State of Design, in this case, the USA, is responsible for issuing ADs to ensure the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue corresponding Australian ADs. The State of Registry, which is Australia for the Boeing 737 aircraft registered in Australia, must ensure compliance with these ADs to maintain the airworthiness of the aircraft. CASA’s role involves monitoring and enforcing the requirements specified in these directives to uphold safety standards.
Non-compliance with the ADs can lead to various legal consequences. Under section 98 of the Civil Aviation Act 1988, the Governor-General may impose penalties for breaches of the regulations, which could include both civil and criminal sanctions. The specific penalties are not detailed in this extract, but they may encompass fines, imprisonment, or other regulatory actions designed to enforce compliance with safety directives. The regulatory framework is designed to ensure that all parties adhere to the safety standards necessary to prevent accidents and ensure the safety of air navigation.