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 has issued AD 2005-13-15 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/245, which will become effective on 1 September 2005.
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 Commonwealth Parliament, serves to regulate civil aviation within Australia, focusing on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to issue regulations that support the Act's objectives, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations, in turn, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aiming to maintain the continuing airworthiness of aircraft registered in Australia. This legislative framework responds to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry, including Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory mechanism is integral to ensuring the safety of air navigation, as mandated by section 98 of the Act. Airworthiness directives, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, serve as legislative instruments that must be assessed and potentially implemented by CASA when issued by the State of Design, such as the United States in the case of Boeing B737 aircraft. The State of Registry, in this context Australia, is responsible for the continuing airworthiness of individual aircraft, and must adopt or develop requirements to uphold these standards. CASA's role includes evaluating foreign ADs, like the one issued by the US Federal Aviation Administration, and issuing corresponding Australian ADs to ensure compliance and safety. These directives are issued in accordance with international obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement as per the Office of Regulatory Review’s assessment.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation (Annex 8), the State of Design is tasked with the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the appropriate States of Registry to ensure the ongoing airworthiness of the aircraft type. Airworthiness directives are the standard means by which such information is disseminated and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Meanwhile, the State of Registry of a particular aircraft holds the responsibility for the aircraft's continuing airworthiness. Annex 8 mandates that the State of Registry must establish or adopt requirements to ensure the continuing airworthiness of aircraft. Therefore, when the State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate the AD and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
In the specific case of the US Federal Aviation Administration's (FAA) AD 2005-13-15, which affects Boeing 737 model aircraft, the US is the State of Design for this aircraft type. CASA has reviewed this AD and subsequently issued Australian AD/B737/245, which is set to take effect on 1 September 2005. Given that this AD has been issued in response to Australia's obligations under the Convention on International Civil Aviation and is a direct result of an AD issued by the relevant State of Design, no public consultation has been conducted in Australia regarding this AD. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The airworthiness directive has been enacted by the Manager, Airframes, within the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Act. The Act and its associated regulations impose a number of obligations and requirements on the parties and entities it governs, such as CASA and aircraft operators. These include the duty to ensure the continuing airworthiness of aircraft, the obligation to assess and implement ADs issued by the State of Design, and the responsibility to comply with the ADs issued by CASA. Failure to comply with these requirements may result in civil or criminal consequences, depending on the severity of the breach. The Act does not specify the exact penalties for non-compliance, but breaches of aviation regulations can result in significant fines and even imprisonment in extreme cases.