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.
AD/B737/24, affecting Boeing B737 model aircraft, was raised in 1989 to correct cracks in the skin near the forward galley door. As a result of a request from industry, CASA has amended the AD to allow work to be carried out to the latest version of the related Boeing Service Bulletin. The amended AD, AD/B737/24 Amendment 1, will become effective on 28 September 2006. 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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to establish a regulatory framework for civil aviation safety. This Act aims to ensure the safety of air navigation by providing the legislative foundation for the creation of safety regulations and directives. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance. The issuing of ADs is consistent with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, assesses and issues Australian ADs in response to those from the State of Design, ensuring compliance with international standards and safeguarding the safety of air navigation within Australian jurisdiction.
Scope and Application
The Civil Aviation Safety 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. These directives are issued in the interests of ensuring the safety of air navigation, and they are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft. Consequently, CASA, acting on behalf of Australia, must evaluate information from the State of Design and issue Australian ADs if necessary. For instance, AD/B737/24 Amendment 1, addressing cracks in Boeing B737 model aircraft, was issued in response to an AD from the relevant State of Design and became effective on 28 September 2006. This amendment allows for work to be carried out according to the latest version of the related Boeing Service Bulletin, replacing the previous directive. Given that these directives are issued in accordance with international obligations and industry requests, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 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 ADs for kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for CASA to assess information from the State of Design and, if necessary, issue an Australian AD to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the manufacturer, must provide information necessary for the continuing airworthiness of an aircraft type, while the State of Registry, which is Australia in this context, is responsible for the continuing airworthiness of individual aircraft. This necessitates that CASA, as Australia’s national airworthiness authority, closely collaborates with the State of Design to issue effective and necessary ADs.
Failure to comply with the requirements outlined in the ADs can result in significant consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can lead to serious safety issues and legal ramifications. Given the critical nature of airworthiness directives, any breach could potentially result in both civil and criminal penalties, depending on the severity and impact of the non-compliance. The legislative framework ensures that such directives are taken seriously and enforced rigorously to maintain the high standards of aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive system for issuing and enforcing airworthiness directives. These legislative instruments mandate the assessment and implementation of ADs by CASA to ensure the safety and airworthiness of aircraft registered in Australia, reflecting the overarching responsibilities of both the State of Design and the State of Registry. The potential consequences of non-compliance underscore the importance of adhering to these directives to maintain the integrity of civil aviation safety standards.