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 United States FAA has issued AD 92-09-02 affecting Boeing 737 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/273, which will become effective on 19 January 2006.
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, New Technologies and Systems, 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, was introduced to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, providing the framework for the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, making them legislative instruments as per the Legislative Instruments Act 2003. These ADs are integral to fulfilling Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design but enforced by the State of Registry, in this case, CASA. The issuance of ADs is crucial for ensuring compliance with international safety standards, and they are commonly used by ICAO Contracting States, including Australia, to address identified safety issues in aircraft types registered within their jurisdictions.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that mandate requirements necessary for maintaining the continuing airworthiness of aircraft. The ADs serve as a mechanism for CASA to comply with international standards set by the Convention on International Civil Aviation and to respond to directives issued by the State of Design, such as the United States for Boeing 737 models. Given that these directives are a response to international obligations and not specific to Australian public consultation, they are issued without the need for a Regulatory Impact Statement. The ADs apply to all aircraft within the Australian register that fall under the specified types and are intended to ensure that the safety standards are uniformly upheld across the nation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations for the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, which is the country where an aircraft type is designed, holds primary responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered. For Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This process ensures that all aircraft on the Australian register comply with the international standards set by ICAO Contracting States.
When an AD is issued by a foreign State of Design, such as the United States FAA issuing AD 92-09-02 for Boeing 737 model aircraft, CASA is obligated to evaluate this information and, if deemed necessary, issue an Australian AD. This requirement arises from Australia’s commitments under the Convention on International Civil Aviation. In the given example, CASA issued AD/B737/273, which was set to take effect on 19 January 2006. Due to the international nature of these directives and their alignment with ICAO standards, no public consultation was required, and the Office of Regulatory Review deemed that a Regulatory Impact Statement was unnecessary.
The consequences of breaching these airworthiness directives are significant. Under the Civil Aviation Act 1988, any violations of ADs can result in substantial penalties. For civil contraventions, the maximum penalty can include fines up to $21,000 and, for corporations, fines can be even higher. Criminal offences may lead to imprisonment, with the severity of the penalty dependent on the nature and extent of the violation. Ensuring compliance with ADs is critical to maintaining the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.