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 2005-07-19, 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 an alternative method of compliance with part of the requirement. The amended AD, AD/B737/242 Amendment 2, will become effective on 22 November 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 regulate civil aviation in Australia and to provide a legislative framework that ensures the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations that support the safety of air navigation, with the overarching goal of maintaining high standards of safety and efficiency in civil aviation operations. The Civil Aviation Safety Regulations 1998, made under this Act, provide detailed rules and requirements for maintaining the airworthiness of aircraft and aeronautical products. The issuance of Airworthiness Directives (ADs) is one such regulatory measure, designed to ensure that aircraft meet safety standards and to address safety issues that may arise. The ADs are issued by the Civil Aviation Safety Authority (CASA) in response to international obligations under the Convention on International Civil Aviation and to ensure harmonisation with other contracting states. This particular AD was issued in response to an equivalent directive from the US Federal Aviation Administration (FAA) concerning Boeing B737 aircraft, reflecting Australia’s commitment to international safety standards.
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, thereby ensuring compliance with the overarching aim of the Civil Aviation Act 1988, which is the safety of air navigation. These directives are legislative instruments subject to disallowance and regulation scrutiny. The ADs serve as the primary means of ensuring the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation, with the State of Design holding primary responsibility for the airworthiness of an aircraft type, and the State of Registry tasked with maintaining the airworthiness of individual aircraft within its registry. In the instance of international directives, such as the US FAA’s AD 2005-07-19 for Boeing B737 aircraft, CASA is obligated to review and, if necessary, issue a corresponding Australian AD. This particular AD, AD/B737/242 Amendment 2, was amended in response to industry requests and modifies a portion of the original requirement, taking effect from 22 November 2007. Given its basis in international obligations and the specific nature of the amendment, this AD was not subject to public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003. This means that ADs carry the force of law and must be adhered to by the entities they govern.
The obligations imposed by these ADs are significant and pertain directly to the entities responsible for the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure safety. For aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Breach of the requirements set out in an AD can have serious legal consequences. The ADs, being legislative instruments, are backed by the full force of the law, and non-compliance can result in both civil and criminal penalties. While the specific penalties are not detailed in the provided text, it is clear that failure to adhere to the ADs can lead to significant legal repercussions for the parties involved. The severity of these penalties would depend on the nature and extent of the breach, but they underscore the critical importance of compliance with these regulations.
The ADs issued by CASA, such as AD/B737/242 Amendment 2, are directly linked to international obligations and are issued in response to ADs from the relevant State of Design, in this case, the United States. These ADs do not require public consultation as they are based on international agreements and industry requests. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining stringent safety standards. The ADs are made by authorised personnel within CASA, ensuring that they are compliant with the provisions outlined in subsection 84A(2) of the Civil Aviation Act 1988.