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 USA FAA has issued AD 78-04-02 affecting Boeing 737-100, 737-200 and 737-200C aircraft. USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/283, which will become effective on 13 April 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, 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. One significant component of this Act is the ability for the Governor-General to issue regulations in the interest of air navigation safety, as outlined in section 98. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, which, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated in the Legislative Instruments Act 2003. The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, seeks to align Australian aviation safety practices with international standards, particularly those set forth in the Convention on International Civil Aviation. This alignment ensures that Australian aircraft meet global safety benchmarks, reflecting the policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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, as per regulation 39.001. These ADs, which are legislative instruments, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. This regulation applies to the State of Registry of an individual aircraft, which is responsible for ensuring the aircraft's continuing airworthiness. CASA, acting as Australia's national airworthiness authority, must assess any airworthiness information provided by the State of Design and may issue Australian ADs to enforce the requirements from the State of Design. For example, in response to a US Federal Aviation Administration AD concerning Boeing 737-100, 737-200, and 737-200C aircraft, CASA issued AD/B737/283, reflecting Australia's international obligations and the assessment conducted by CASA. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is made by the Manager, Airframes, on behalf of CASA, in line with the Civil Aviation Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are central to the process of issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions are twofold. Firstly, the State of Design, which is the country where the aircraft type is designed, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. Secondly, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The legislation also sets out clear consequences for non-compliance. The Civil Aviation Safety Regulations 1998 do not explicitly detail offences, penalties, or civil/criminal consequences for breach of ADs, but it is understood that failing to comply with an AD could lead to severe repercussions, including the grounding of the aircraft, potential criminal charges, and civil penalties. The severity of these consequences underscores the importance of adhering to the ADs to maintain the safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.