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 FAA issued AD 2005-07-19, affecting Boeing 737 aircraft, in 2005. USA is the State of Design for this type. As a result of a request from industry, CASA has amended Australian AD/B737/242 to identify that accomplishment of one of the requirements is terminating action for CASA ADB737/10 Amdt 2. The amended AD, AD/B737/242, Amendment 1, will become effective on 13 April 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, enacted by the Australian Parliament, establishes the legislative framework for the regulation of civil aviation in Australia. It empowers the Governor-General to make regulations that serve the interests of safety in air navigation, ensuring the integrity and reliability of Australia's civil aviation system. The Act addresses the need for a cohesive and authoritative regulatory environment to govern the burgeoning field of civil aviation, balancing the imperative for safety with the facilitation of commercial and passenger air travel. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, and they empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain safety standards. These regulations reflect Australia’s commitment to international civil aviation standards, particularly through adherence to the Convention on International Civil Aviation, thereby ensuring that national regulations are in harmony with global safety practices.
Scope and Application
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 can make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Registry of an aircraft, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia by developing or adopting requirements to comply with Annex 8 of the Convention on International Civil Aviation. This involves assessing information from the State of Design and issuing corresponding Australian ADs when necessary. Exemptions and thresholds, as well as the scope of application, are determined in accordance with the specific needs of the aviation industry and international obligations.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, are issued to maintain the continuing airworthiness of aircraft as per international standards.
Under the obligations imposed by the Civil Aviation Safety Regulations, CASA must ensure the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as the USA for Boeing 737 aircraft, CASA must review the information and, if necessary, issue an Australian AD to implement the requirements of the State of Design. This ensures that the aircraft operating in Australian airspace meet the necessary safety standards. The State of Registry, which in this case is Australia, is responsible for developing or adopting requirements to ensure that the aircraft remain airworthy, as mandated by Annex 8 to the Convention on International Civil Aviation.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence, leading to potential civil or criminal penalties. The specific penalties for breaches of ADs are not detailed in the provided text, but generally, they can include fines or other sanctions as deemed appropriate by the courts. It is crucial for operators and owners of aircraft to adhere to these directives to avoid legal repercussions and ensure the safety of air navigation.