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 2001-14-20 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/B737/261, 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 Commonwealth Parliament, aims to provide a comprehensive regulatory framework for civil aviation in Australia, focusing on safety and efficiency. This legislation empowers the Civil Aviation Safety Authority (CASA) to establish and enforce regulations for air navigation safety, including the issuance of airworthiness directives (ADs) under section 98. These ADs are critical tools for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of the Act is to ensure that all civil aviation activities in Australia adhere to stringent safety standards, thereby protecting public safety and facilitating international cooperation in civil aviation.
The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for issuing ADs, as outlined in regulation 39.001. These regulations enable CASA to mandate compliance with airworthiness standards for specific aircraft types or aeronautical products. Under the authority granted by the Civil Aviation Act 1988, CASA issued an Australian AD/B737/261 in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing 737 aircraft. This action underscores Australia's commitment to international civil aviation agreements and the obligation of the State of Registry to implement necessary measures to ensure aircraft airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, with such directives being legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. These ADs are issued to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are mandatory for aircraft within Australia and reflect the international standards set by the State of Design. For example, in response to an AD issued by the US Federal Aviation Administration for Boeing 737 aircraft, CASA issued Australian AD/B737/261, effective from 22 December 2005. These directives apply to aircraft registered in Australia and are issued in line with international obligations without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that support the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are critical tools in maintaining the continuing airworthiness of aircraft, ensuring that they meet safety standards set by the State of Design and the State of Registry.
Under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument, as defined in section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means ADs have legal force and must be followed by the parties they govern. The State of Design has primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. States of Design must provide necessary information to States of Registry to maintain the airworthiness of aircraft types within their registries.
The State of Registry is responsible for implementing and enforcing airworthiness requirements for individual aircraft within their jurisdiction. When a State of Design issues an AD, such as AD 2001-14-20 for Boeing 737 model aircraft, CASA, as Australia’s national airworthiness authority, must evaluate this information. If necessary, CASA can issue an Australian AD to enforce the requirements of the State of Design. In this case, CASA has issued Australian AD/B737/261, which will become effective on 22 December 2005. This process reflects Australia’s commitments under the Convention on International Civil Aviation and ensures compliance with international safety standards.
There are specific obligations and requirements imposed by the ADs on the parties they govern. For example, aircraft operators must comply with ADs by performing required inspections, modifications, or replacements within specified timeframes. Failure to comply with an AD can result in serious consequences, including the potential grounding of an aircraft, which can have significant operational and financial impacts. Additionally, CASA has the authority to take enforcement actions against non-compliance, including fines and other penalties. While the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, they are subject to the rigorous legislative process outlined in the Civil Aviation Safety Regulations 1998. The AD was 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.