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 Emergency AD 2005-24-03 R1 affecting Boeing 737-600, 737-700, 737-700C and 737-800 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/276, Amendment 1, which will become effective on 10 May 2007. This AD cancels and replaces the previous issue.
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 Australian Parliament, establishes a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, which are critical for maintaining the safety standards in civil aviation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, made pursuant to this Act, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially mandated by CASA in line with Australia’s international obligations under the Convention on International Civil Aviation. The policy objective of this legislation is to ensure the continuing airworthiness of aircraft and aeronautical products, thereby safeguarding public safety and complying with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to ensure the safety of air navigation and aligns with the international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft types to the State of Design and mandates that the State of Registry enforces these standards. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, evaluates ADs issued by the relevant State of Design, such as the United States Federal Aviation Administration (FAA), and issues corresponding Australian ADs. For instance, in response to FAA's Emergency AD 2005-24-03 R1 concerning certain Boeing 737 models, CASA issued AD/B737/276, Amendment 1, effective from 10 May 2007. The issuance of these ADs is governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument, making it a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003. This process is integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant for both CASA and the operators of affected aircraft. CASA must assess the ADs issued by the State of Design and determine whether an Australian AD is necessary to mandate the requirements of the foreign AD. The State of Registry, in this case Australia, must ensure the continuing airworthiness of the aircraft within its registry by complying with the ADs issued. Aircraft operators, therefore, must adhere to the specific requirements outlined in any applicable AD to ensure their aircraft meet the necessary safety standards. This process ensures that the safety protocols established by the State of Design are implemented and enforced within Australia.
Failure to comply with the requirements of an AD can lead to serious consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, general aviation regulations and safety codes impose stringent penalties. Non-compliance can result in significant civil penalties, including fines and sanctions against the aircraft operator. In severe cases, CASA can take action to suspend or revoke the airworthiness certificate of the aircraft, effectively grounding the aircraft until the required compliance is achieved. These measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.