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 2001-17-18 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/B737/268, 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 legislative framework for the regulation of civil aviation in Australia, primarily focusing on ensuring the safety and efficiency of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is empowered to issue these ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, in line with obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry and State of Design. In this context, the issuing of Australian AD/B737/268 in response to the US Federal Aviation Administration’s AD 2001-17-18 exemplifies how CASA fulfils its duty to mandate necessary requirements based on international standards and practices.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001. These directives apply to kinds of aircraft or aeronautical products, establishing regulatory requirements to ensure the ongoing airworthiness of such aircraft within Australian jurisdiction. This legislative framework reflects Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In the case of Boeing 737 model aircraft, the United States, as the State of Design, issued AD 2001-17-18, which CASA assessed and subsequently issued as Australian AD/B737/268, effective from 22 December 2005. This process, rooted in international agreements and obligations, does not require public consultation or a Regulatory Impact Statement. The ADs, being legislative instruments, are made by authorised CASA officials, ensuring compliance with the legislative provisions and international standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to establish regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are pivotal for maintaining the airworthiness of aircraft and ensuring compliance with international standards set by the Convention on International Civil Aviation.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and is obliged to provide necessary information to States of Registry to ensure the aircraft's airworthiness. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of registered aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures that Australian-registered aircraft comply with international safety standards.
The US FAA has issued AD 2001-17-18, which pertains to Boeing 737 model aircraft, the design of which is managed by the USA. CASA has assessed this directive and issued Australian AD/B737/268, effective from 22 December 2005. This AD has been issued without public consultation, as it stems from Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, has made this AD in line with subsection 84A(2) of the Act.
Failure to comply with an AD can lead to severe consequences. Under section 121 of the Civil Aviation Act 1988, an AD is enforceable as if it were a regulation of the Act. Non-compliance with an AD can result in enforcement actions, including fines, penalties, or other legal repercussions. The specific penalties for breaches of ADs can vary, but they are intended to enforce strict compliance to maintain the highest standards of aviation safety. In some cases, failure to adhere to ADs can lead to the grounding of aircraft until compliance is achieved, impacting both the operator and the passengers. The Act and associated regulations are designed to ensure that all parties involved in civil aviation operations in Australia adhere to strict safety standards to protect public safety and maintain the integrity of the aviation system.