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 98-26-24 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/B737/257, which will become effective on 22 December 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 provide a framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives for specific types of aircraft or aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework ensures that Australia meets its international obligations regarding the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. In this context, CASA is responsible for issuing Australian airworthiness directives in response to directives issued by the aircraft's State of Design, such as the recent AD/B737/257 issued in response to the FAA's AD 98-26-24 for Boeing 737 aircraft.
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 directives are legislative instruments subject to disallowance, as specified in section 46A of the Acts Interpretation Act 1901, and are subject to the provisions of the Legislative Instruments Act 2003. Airworthiness directives are a common method for ensuring the continuing airworthiness of aircraft types, mandated under Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry must implement and enforce the necessary requirements to maintain airworthiness. CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs in response to those issued by the State of Design. For instance, in response to the US Federal Aviation Administration's AD 98-26-24 affecting Boeing 737 model aircraft, CASA issued Australian AD/B737/257, which became effective on 22 December 2005. Given the international obligations and the specific nature of these directives, public consultation and a Regulatory Impact Statement are not required. The ADs are made by authorised personnel within CASA, ensuring compliance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for civil aviation in Australia, and under section 98, the Governor-General has the authority to create regulations for the Act's purposes, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the Civil Aviation Act 1988 and the associated regulations impose responsibilities on CASA and other parties to ensure the continuing airworthiness of aircraft. The State of Design holds the primary responsibility for the ongoing airworthiness of a particular aircraft type, and must supply necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, in this case CASA, is tasked with evaluating the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements for aircraft registered in Australia. This process is essential to uphold international standards set forth in Annex 8 to the Convention on International Civil Aviation.
Regarding the consequences of non-compliance, the Act does not explicitly outline specific offences or penalties for failing to adhere to the ADs. However, non-compliance with ADs could potentially lead to civil or criminal liabilities under other sections of the Civil Aviation Act 1988 or related regulations. For example, operating an aircraft that does not meet the airworthiness requirements could result in penalties such as fines, imprisonment, or both. Additionally, CASA has the authority to suspend or revoke airworthiness certificates, leading to grounded aircraft and potential operational disruptions for airlines and other operators.