CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA issued AD 2003-03-22, affecting Boeing 737-600, -700, 700BBJ, -700C and -800 series aircraft, in 2003. The USA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to include a note that compliance with paragraph (b) of FAA AD 2003-03-22 (CASA AD/B737/210 Amdt 1) is terminating action for CASA AD/B737/185 Amdt 2. The amended AD, AD/B737/210 Amendment 1, will become effective on 12 May 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation activities within Australia, ensuring safety and efficiency in air navigation. One aspect of this regulation includes the issuance of airworthiness directives (ADs) under the Act, which are critical for maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process and authority for CASA (Civil Aviation Safety Authority) to issue these directives. The policy objective is to align with international standards set by the International Civil Aviation Organization (ICAO) and to ensure that Australian regulations reflect international safety practices. The ADs are considered legislative instruments and are subject to disallowance. The recent amendment to AD/B737/210, which updates compliance requirements for certain Boeing 737 aircraft, is an example of how CASA implements and updates ADs to align with international directives and industry needs.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate compliance with safety standards, reflecting Australia's commitment to international civil aviation agreements, such as Annex 8 to the Convention on International Civil Aviation. The application of these directives is integral to the continuing airworthiness of aircraft registered in Australia, and CASA, as the national airworthiness authority, must ensure that these standards are adhered to by relevant entities. Geographic reach extends to Australia, with ADs issued in alignment with international standards set by the aircraft's State of Design. The ADs apply to aircraft types registered in Australia and any subsequent modifications or compliance actions mandated by CASA. While ADs are legislative instruments that may be subject to disallowance under the Acts Interpretation Act 1901, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation 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 power is exercised to ensure the safety of air navigation, in line with the overarching objectives of the Civil Aviation Act 1988 (section 98). An AD is a legislative instrument, as stipulated by section 46A of the Acts Interpretation Act 1901 and confirmed by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. These directives are integral to maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the USA for Boeing 737-600, -700, 700BBJ, -700C and -800 series aircraft, holds primary responsibility for the ongoing airworthiness of these aircraft types. CASA, acting as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. This ensures that Australian registered aircraft meet international safety standards.
The obligations imposed by these regulations on CASA include the assessment and potential issuance of Australian ADs in response to directives from the State of Design. CASA must ensure that Australian ADs align with the international standards set by ICAO Contracting States, particularly when these standards are mandated by Annex 8 of the Convention on International Civil Aviation. CASA is also responsible for communicating these directives effectively to the aviation industry, ensuring that all relevant stakeholders are informed about the new requirements. Additionally, CASA must maintain a continuous assessment of the airworthiness of aircraft registered in Australia, ensuring compliance with both domestic and international safety standards.
Failure to comply with ADs can result in severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties for the operators of non-compliant aircraft. The specific penalties can include fines or imprisonment, depending on the severity of the breach. For instance, operating an aircraft that does not comply with an AD could result in significant fines, and in more severe cases, imprisonment for the responsible individuals or entities. These penalties are designed to enforce adherence to safety standards and protect the integrity of air navigation. The seriousness of these consequences underscores the importance of timely and accurate compliance with ADs, ensuring that all aircraft meet the necessary safety requirements.