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 US FAA issued AD 2005-03-02, affecting Boeing B737 aircraft, in 2005. The USA 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 an alternative means of compliance. The amended AD, AD/B737/237 Amendment 1, will become effective on 27 September 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the process through which these directives can be issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. In compliance with international standards, particularly Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is mandated to issue Australian airworthiness directives in response to directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA).
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 2007, emanating from the Civil Aviation Act 1988, apply to all aircraft registered in Australia, as well as to the aeronautical products used in such aircraft. This legislation is specifically concerned with the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority. These directives are designed to ensure the continuing airworthiness of aircraft and are issued in response to findings or safety concerns identified by the State of Design. The application of these regulations is mandated by Australia’s obligations under the Convention on International Civil Aviation and extends nationally across the Commonwealth. The regulations permit CASA to issue ADs to mandate the requirements of the State of Design for aircraft types registered in Australia, ensuring compliance with international standards. Subordinate instruments may further refine or extend the application of these regulations, although no public consultation is required for ADs as they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901, and are subject to the requirements of the Legislative Instruments Act 2003. The ADs serve as a means to ensure the continuing airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears overall responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
The obligations imposed on parties by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily revolve around ensuring the airworthiness of aircraft. CASA, as the national airworthiness authority, must assess and implement ADs issued by the State of Design to ensure compliance with international safety standards. The State of Registry must adopt and enforce requirements to maintain the airworthiness of aircraft registered within its jurisdiction. Aircraft operators and owners must comply with ADs to ensure the safe operation of their aircraft. Additionally, CASA has an obligation to review and amend ADs in response to industry requests or changes in safety requirements, as evidenced by the amendment to the Australian AD for Boeing B737 aircraft in response to a request from the industry.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs. However, failure to comply with ADs could lead to severe consequences under other sections of the Civil Aviation Act 1988. For instance, section 24 of the Act makes it an offence to operate an aircraft in a manner that is dangerous to the aircraft or to any person or property. Non-compliance with ADs can be considered as operating an aircraft in a dangerous manner, leading to potential criminal and civil penalties. While the exact penalties are not specified in the AD itself, non-compliance could result in fines, imprisonment, or both, as per the relevant sections of the Civil Aviation Act 1988. Furthermore, CASA may impose administrative penalties, including suspension or revocation of airworthiness certificates, which could significantly impact an aircraft operator’s ability to conduct business.