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 2005-20-01 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/B737/248, 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 ensure the safety and efficiency of civil aviation in Australia. This legislation provides the framework for the regulation of civil aviation activities within the country, aiming to maintain and enhance the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring that these regulations serve the interests of safety and efficiency in air navigation. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a critical tool for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that Australian aviation standards are consistent with international safety requirements, thereby protecting the public and maintaining the integrity of the national airspace.
Scope and Application
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, apply to all persons and entities involved in the aviation industry within Australia, including aircraft manufacturers, operators, and maintenance providers. The Act provides the authority for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These ADs are legislative instruments, as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information, and the State of Registry to implement these requirements. For example, the Civil Aviation Safety Authority (CASA) issued AD/B737/248 in response to an AD from the US Federal Aviation Administration affecting Boeing 737 aircraft. This process does not require public consultation or a Regulatory Impact Statement, as it is based on international standards and obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998 (under regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations for air navigation safety. Section 39.001(5) of the Regulations further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. In this context, an airworthiness directive is a formal and binding instruction issued to ensure the continuing airworthiness of aircraft, which is a critical aspect of aviation safety.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities are significant. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure that the aircraft remains airworthy. CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. For example, following the issuance of AD 2005-20-01 by the US Federal Aviation Administration (FAA) for Boeing 737 model aircraft, CASA has assessed the directive and issued Australian AD/B737/248, which will become effective on 24 November 2005. This process ensures that Australian aviation standards align with international obligations and safety requirements.
Failure to comply with airworthiness directives can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive is a criminal offence, which can lead to substantial penalties. The specific penalties for breaches are not detailed in the provided text, but they are likely to be severe given the importance of airworthiness directives to aviation safety. Additionally, the issuance of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, which reflects the urgent nature of ensuring airworthiness. The ADs are issued 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, further highlighting the formal and regulated process involved.