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 2005-18-08 affecting Boeing 737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/247, which will become effective on 24 November 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 was enacted to regulate civil aviation in Australia, providing a framework for the safety and efficiency of air navigation. The Act grants authority to the Governor-General to create regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives. This legislative foundation is supported by the Civil Aviation Safety Regulations 1998, which under regulation 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft types or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to provide necessary information to maintain aircraft airworthiness. CASA, as Australia's national airworthiness authority, plays a critical role in assessing and issuing Australian airworthiness directives in response to directives issued by the relevant State of Design, ensuring compliance with international obligations and maintaining the safety standards of the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance. The ADs are issued to ensure compliance with international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, evaluates information from the State of Design and, if necessary, issues corresponding Australian ADs to enforce the requirements. This particular regulation applies to all entities and individuals involved in the operation, maintenance, and certification of aircraft within Australia, extending its jurisdictional reach across the Commonwealth. While the ADs are issued in response to international obligations and specific safety concerns raised by the State of Design, no public consultation is required for their issuance, and they do not necessitate a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 pertinent to the issuing of airworthiness directives (ADs) are found in regulation 39.001 (subregulation 39.001(5)). This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure air navigation safety. These ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901. The regulations underscore that ADs are an integral part of maintaining the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA to act as Australia’s national airworthiness authority. When the State of Design, in this case the United States, issues an AD affecting aircraft registered in Australia, CASA must evaluate the information provided and, if necessary, issue a corresponding Australian AD. The State of Registry must then ensure the continuing airworthiness of the affected aircraft by adhering to the requirements outlined in the AD. This process ensures that Australian-registered aircraft meet international safety standards and comply with the obligations under the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and the associated regulations do not specify particular offences or penalties for failing to comply with ADs. However, non-compliance with ADs may lead to significant consequences, including the potential grounding of aircraft, which could result in operational disruptions and financial losses for operators. Additionally, failure to comply with ADs may lead to enforcement actions by CASA, which could include fines or other regulatory penalties. It is crucial for aircraft operators to adhere to ADs to avoid any legal repercussions or safety risks.
Given the international nature of airworthiness directives, CASA does not consult the Australian public on these ADs as they are issued in response to obligations under the Convention on International Civil Aviation and assessments by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing and enforcing these directives. The AD in question, Australian AD/B737/247, was 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, ensuring that the process adheres to the legal framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.