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 2009-16-14 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA assessed this AD and issued Australian AD/B737/250 Amendment 2. After a request from industry, CASA has issued AD/B737/250 Amendment 3 to add an FAA approved Alternate Means of Compliance. AD/B737/250 Amendment 3 becomes effective on 2 March 2010. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia. It was introduced to address the need for effective governance and safety standards in the aviation industry. The Act empowers the Governor-General to create regulations for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under this Act, include provisions for CASA to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products. The ADs are considered legislative instruments and are issued in compliance with international standards set by the Convention on International Civil Aviation. This particular airworthiness directive, AD/B737/250 Amendment 3, was issued by CASA in response to a US Federal Aviation Administration directive for Boeing B737 model aircraft, reflecting Australia's commitment to international safety standards without requiring public consultation due to its alignment with these global obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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. These ADs are legislative instruments, falling under the purview of the Legislative Instruments Act 2003. The regulations apply to the State of Design and the State of Registry of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. This particular AD, issued in response to a directive from the US Federal Aviation Administration regarding Boeing B737 model aircraft, reflects CASA’s responsibility in maintaining the continuing airworthiness of aircraft registered in Australia. The AD becomes effective on 2 March 2010, superseding the previous version and incorporating an alternate means of compliance approved by the FAA. Given that the AD is a direct response to international obligations and industry requests, no public consultation was deemed necessary, and it does not require a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are critical tools for ensuring the continuing airworthiness of aircraft registered in Australia. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they qualify as legislative instruments. This regulatory framework is essential for maintaining safety standards in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA to act upon airworthiness directives issued by the State of Design, which, in this context, is the United States for Boeing B737 model aircraft. CASA must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with the continuing airworthiness requirements. For instance, following the issuance of AD 2009-16-14 by the US Federal Aviation Administration (FAA), CASA issued Australian AD/B737/250 Amendment 2, and subsequently Amendment 3, to incorporate an approved Alternate Means of Compliance. These obligations necessitate that CASA closely monitors and responds to international ADs to uphold safety standards for aircraft registered in Australia.
The Civil Aviation Safety Regulations 1998 do not require public consultation for ADs issued under Australia’s international obligations or in response to directives from the State of Design. This was determined by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The Manager Initial Airworthiness in the Airworthiness and Engineering Branch at CASA is responsible for issuing these directives, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Any failure to comply with these ADs can result in significant safety risks, and CASA has the authority to enforce compliance through various regulatory measures.
In terms of penalties and consequences, any breaches of the airworthiness directives issued under the Civil Aviation Safety Regulations 1998 can lead to serious repercussions. Operators found in non-compliance with these ADs can face enforcement actions from CASA, which may include fines, suspension, or revocation of the aircraft's certificate of airworthiness. Additionally, individuals or entities found to be in breach may be subject to criminal charges, leading to substantial fines or imprisonment. The severity of the penalties underscores the critical importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australia.