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 96-04-03 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/B737/259, 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, enacted by the Parliament of Australia, was introduced to provide a comprehensive framework for the regulation of civil aviation, ensuring the safety and efficiency of air navigation. This legislation serves as the foundation for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they are issued by the Civil Aviation Safety Authority (CASA) to mandate compliance with international civil aviation standards as outlined in the Convention on International Civil Aviation. The objective of these regulations is to uphold the safety and airworthiness of aircraft, in alignment with Australia's obligations under international agreements and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which derive their authority from section 98 of the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as they fall under the definition provided in the Acts Interpretation Act 1901 and are subject to disallowance. This regulatory framework is implemented to ensure the safety of air navigation and aligns with the international standards set forth in Annex 8 to the Convention on International Civil Aviation. ADs are a fundamental tool for maintaining the continuing airworthiness of aircraft, with the State of Design having the overarching responsibility for the type of aircraft and the State of Registry being responsible for the individual aircraft. In the case of foreign airworthiness directives, such as the US Federal Aviation Administration's AD 96-04-03 for Boeing 737 model aircraft, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue corresponding Australian ADs. The issuance of these directives is mandated by international obligations and is conducted without public consultation, as determined by the Office of Regulatory Review, which also concluded that these directives do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (Section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry to maintain airworthiness. ADs serve as the most common means of disseminating this information. Meanwhile, the State of Registry is obligated to develop or adopt requisite measures to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, such as the one from the US Federal Aviation Administration (FAA) affecting Boeing 737 model aircraft, CASA, acting as Australia's national airworthiness authority, must evaluate the directive and, if necessary, issue a corresponding Australian AD.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess and potentially mandate the requirements of State of Design ADs to ensure compliance with international airworthiness standards. This involves CASA's evaluation of the AD issued by the FAA and the subsequent issuance of Australian AD/B737/259. As this process is driven by international obligations and responses to directives from the relevant State of Design, there is no requirement for public consultation. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
Should any party or entity fail to comply with the mandates set out in these airworthiness directives, they could face severe consequences. While the specific penalties are not detailed in the provided text, breaches of airworthiness regulations typically result in both civil and criminal sanctions. Civil penalties may include fines, while criminal penalties could range from substantial fines to imprisonment, depending on the severity and impact of the non-compliance. These measures underscore the importance of adherence to the airworthiness directives issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.