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 United States FAA issued AD 2004-05-19, affecting 737 aircraft, in 2004. 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 allow the use of a later version of the service bulletin as an alternative method of compliance for this AD. The use of this later version as an alternative method of compliance has been approved by the FAA. The amended AD, AD/B737/224 Amendment 2, will become effective on 9 June 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 Parliament of Australia, addresses the regulation of civil aviation to ensure safety and efficiency within Australia's airspace. One of the key mechanisms provided by this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. This legislative framework is essential for maintaining safety standards and compliance with international obligations under the Convention on International Civil Aviation. The Civil Aviation Regulations 1998 further elaborate on the process for issuing ADs, aligning with the international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a critical tool for CASA to mandate specific requirements for aircraft maintenance and modifications, ensuring that aircraft remain airworthy and safe for operation. The policy objective is to uphold the highest safety standards in Australia's civil aviation sector, reflecting Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. The Act and its associated regulations apply to all aircraft and aeronautical products within Australia, establishing the conditions under which airworthiness directives are issued, assessed, and implemented. The Civil Aviation Safety Regulations 1998, in particular, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are crucial for ensuring the ongoing airworthiness of these entities. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs apply to the State of Registry of an aircraft in Australia, which is responsible for maintaining the aircraft's airworthiness, and must comply with the ADs issued by CASA. The application of these ADs is also influenced by decisions from the State of Design, such as the United States in the case of the Boeing 737, necessitating CASA's assessment and potential adaptation of the ADs to suit Australian conditions. While the issuance of ADs is guided by international standards and agreements, specific amendments and adaptations made by CASA are subject to internal review processes but typically do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This authority is exercised under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the responsibility for ensuring the continuing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction.
Under the Civil Aviation Act 1988, CASA is required to assess information from the State of Design and issue an Australian AD if necessary, to mandate the requirements of the State of Design. This process ensures that Australian registered aircraft meet international safety standards. The ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003. For example, AD 2004-05-19 issued by the United States Federal Aviation Administration (FAA) for Boeing 737 aircraft has been amended by CASA to allow for an alternative method of compliance, approved by the FAA. This amendment, AD/B737/224 Amendment 2, will replace the previous directive and become effective on 9 June 2005.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both CASA and the States of Registry. CASA must carefully evaluate any ADs issued by States of Design and decide whether to issue corresponding Australian ADs. The States of Registry are required to develop or adopt airworthiness requirements to ensure their aircraft meet the necessary safety standards. These obligations are critical in maintaining the safety of air navigation and ensuring compliance with international civil aviation standards.
There are potential consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, non-compliance with ADs can lead to severe civil or criminal consequences, including potential fines or imprisonment. The exact penalties would be determined by the courts based on the circumstances of the breach and any applicable laws. Ensuring compliance with ADs is therefore crucial for all parties involved, including aircraft manufacturers, operators, and regulatory authorities.