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 2000-15-18 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/B737/263, 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 regulate and ensure the safety of air navigation within Australia, in line with international standards. The Act provides the legislative foundation for the Civil Aviation Safety Regulations 1998, which further detail the safety requirements for civil aviation in Australia. One key provision within the Civil Aviation Safety Regulations 1998 is the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments made under section 98 of the Civil Aviation Act 1988. These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products in accordance with international obligations under the Convention on International Civil Aviation. The policy objective behind these regulations is to harmonise Australian airworthiness requirements with those of other ICAO Contracting States, ensuring consistent safety standards across the global aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific maintenance, operational procedures, or modifications to ensure the continuing airworthiness of certain aircraft types or aeronautical products registered in Australia. These directives apply to all aircraft types registered in Australia and to any aeronautical products used in those aircraft, as well as to the entities responsible for the maintenance and operation of such aircraft and products, including aircraft owners, operators, and maintenance providers. The geographic scope of these regulations is national, applying across Australia in accordance with international obligations under the Convention on International Civil Aviation. Notably, these regulations do not require public consultation or a Regulatory Impact Statement, as they are issued in response to ADs from the State of Design or due to international obligations. Subordinate instruments, such as specific ADs, further extend or restrict the application of these regulations by detailing the precise requirements for particular aircraft types or aeronautical products, ensuring compliance with both domestic and international safety standards.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are thus governed by the Legislative Instruments Act 2003. These directives are pivotal for maintaining the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation.
The obligations under this Act primarily concern the continuing airworthiness of aircraft. The State of Design, which in this context is the country responsible for designing the aircraft, must ensure that the aircraft type maintains its airworthiness and provide necessary information to the State of Registry, which is the country where the aircraft is registered. CASA, as Australia's national airworthiness authority, must review any airworthiness directives issued by the State of Design and, if appropriate, issue an Australian AD to ensure compliance with international standards and Australian requirements. The ADs serve as a crucial mechanism for maintaining the safety and airworthiness of aircraft registered in Australia.
In the event of non-compliance with the airworthiness directives, there are potential civil and criminal consequences. While the specific penalties for non-compliance are not outlined in the provided text, it is generally understood that failure to adhere to ADs can result in severe penalties. This may include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations in place. Additionally, non-compliance can lead to the grounding of aircraft, which can have significant repercussions for airlines and other entities involved in the operation of the aircraft.
The issuance of ADs, particularly those derived from international obligations, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This streamlining of the process ensures that critical safety measures can be implemented promptly without undue delay. The AD in question, AD/B737/263, was issued by CASA in response to an AD by the US Federal Aviation Administration (FAA) concerning Boeing 737 model aircraft, reflecting Australia's commitment to international safety standards and obligations under the Convention on International Civil Aviation.