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 issued AD 89-22-04, affecting Boeing B737 aircraft, in 1989. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate means of compliance. The amended AD, AD/B737/281 Amendment 1, will become effective on 6 July 2006. 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 the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that are in the interests of safety, and it was introduced to address the need for comprehensive and enforceable safety standards in civil aviation. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and are a legislative instrument under the Acts Interpretation Act 1901. The policy objective of these regulations is to align Australian aviation safety practices with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry.
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 certain types of aircraft and aeronautical products to ensure the safety of air navigation. These directives are legislative instruments subject to disallowance and review under Australian legislative frameworks. They are intended to ensure that aircraft and aeronautical products remain in a condition for safe operation and are issued in response to international obligations under the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia, their operators, and any other relevant entities or persons involved in the operation or maintenance of these aircraft. Geographically, the application of these regulations is national, encompassing all airspace within Australia. The issuance and amendment of ADs, such as AD/B737/281 Amendment 1, are integral to maintaining the continuing airworthiness of aircraft types, such as Boeing B737, registered in Australia, in alignment with international standards and practices. The authority to issue such directives can be extended or specified further through subordinate instruments, ensuring flexibility in regulatory responses to emerging safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are also recognised as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on the entities involved. The State of Design, which is the country responsible for the design of a particular aircraft, must ensure the continuing airworthiness of that aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that Australian registered aircraft meet international safety standards.
There are potential consequences for non-compliance with the ADs. While the text does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failure to adhere to the ADs could result in severe consequences, including potential grounding of the aircraft, fines, or other regulatory actions. Although the specific penalties are not mentioned in the provided text, it is clear that compliance is mandatory to ensure the safety and airworthiness of aircraft operating under Australian jurisdiction.