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 2005-19-25, affecting Boeing B737 model 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 the use of repairs that have been approved by the FAA without the need to apply for an exclusion against the AD. The amended AD, AD/B737/249 Amendment 1, will become effective on
14 November 2008. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a legal framework for civil aviation safety and efficiency within Australia. This legislation addresses the need for comprehensive regulations to ensure the safety and airworthiness of aircraft operating within Australian airspace, aligning with international standards set by the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. One of the key provisions is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to mandate safety requirements for specific types of aircraft or aeronautical products. This legislative framework ensures that Australia meets its international obligations while maintaining high safety standards for its aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative mechanism ensures compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. In Australia, CASA, as the national airworthiness authority, is responsible for assessing this information and issuing Australian ADs to enforce the requirements set by the State of Design. The ADs are legislative instruments that follow the legislative process outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives apply to all aircraft and aeronautical products registered within Australia and must be adhered to by the State of Registry to maintain airworthiness. Exemptions and specific amendments, such as the allowance for FAA-approved repairs in AD/B737/249 Amendment 1, are made in accordance with Australia's international obligations and domestic regulatory needs, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), ADs are considered disallowable instruments, and therefore, they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Act and the associated Regulations, CASA, as Australia’s national airworthiness authority, has the responsibility to ensure the continuing airworthiness of aircraft. When a State of Design, such as the United States for Boeing B737 model aircraft, issues an AD, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards. For instance, CASA has amended the Australian AD for Boeing B737 aircraft in response to a US FAA directive, allowing the use of FAA-approved repairs without requiring an exclusion against the AD.
The obligations imposed by the Act and Regulations on parties and entities primarily revolve around compliance with issued ADs. For CASA, this involves assessing and issuing ADs based on information from the State of Design and ensuring that Australian-registered aircraft meet continuing airworthiness standards. For aircraft operators and owners, the obligation is to comply with the requirements set out in any applicable ADs, which may include conducting inspections, repairs, or modifications to maintain the airworthiness of their aircraft. Failure to comply with an AD can result in severe consequences, including potential grounding of the aircraft and legal action.
Breaches of ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines and, in severe cases, imprisonment. Specifically, section 35A of the Act provides for penalties including fines of up to $16,500 for individuals and $82,500 for corporations, alongside potential imprisonment terms. These penalties underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.