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 2005-20-03, 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 Australian operators the same flexibility that the FAA allows US operators. The amended AD, AD/B737/250 Amendment 1, will become effective on 14 January 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation matters within Australia, ensuring the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, aimed at maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for issuing airworthiness directives (ADs), which are legislative instruments used to mandate compliance with airworthiness standards for aircraft and aeronautical products. The ADs are crucial for ensuring that aircraft types registered in Australia maintain their airworthiness in alignment with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) issues these ADs in response to directives from the State of Design or based on international obligations, as demonstrated by the recent amendment to AD/B737/250, reflecting the need to harmonise with US Federal Aviation Administration directives for Boeing B737 aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. These ADs apply to kinds of aircraft or aeronautical products to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. ADs are legislative instruments and serve as a means to communicate continuing airworthiness information in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the Australian context is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This includes adopting or developing requirements to meet international standards and issuing ADs in response to those issued by the State of Design. For instance, following the issuance of AD 2005-20-03 by the US Federal Aviation Administration concerning Boeing B737 aircraft, CASA issued an equivalent Australian AD to align with the international standards and provide flexibility to Australian operators similar to that provided to US operators. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of airworthiness in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA as Australia’s national airworthiness authority. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case the USA, has the responsibility for the continuing airworthiness of the Boeing B737 aircraft type, and must provide necessary information to ensure the continuing airworthiness of the type to States of Registry, including Australia. CASA is required to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. In this instance, CASA has amended the equivalent Australian AD to align with the flexibility provided by the FAA's AD 2005-20-03. This amended AD, AD/B737/250 Amendment 1, will be effective from 14 January 2008, replacing the previous AD.
Failure to comply with the requirements set out in an AD may result in significant civil and criminal consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance, and non-compliance can lead to penalties. The exact nature of these penalties is not detailed in the text, but generally, failure to adhere to ADs can result in severe civil penalties, including fines and potential criminal charges, as well as the risk of grounding the aircraft, which could have severe operational and safety implications for the operator.