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 ADs listed in Schedule 1 affecting Boeing model 737-100 and 737-200 series aircraft. The United States is the State of Design for these types. Since the issue of AD/B737/285 CASA has identified additional applicable FAA ADs, CASA has assessed the individual ADs and has issued Australian AD/B737/285 Amdt 1, which will become effective on 31 August 2006. This AD, which requires compliance with all applicable FAA ADs listed in Schedule 1, 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, 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.
Schedule 1
FAA AD Number | Effective Date | Title |
79-26-02 | 31 December 1979 | Ground Proximity Warning System Flap Position Switches |
83-01-05 R2 | 4 August 1986 | Engine Starter Operation Indication |
85-02-03 | 1 March 1985 | Runaway Stabiliser Trim |
89-22-04 | 23 October 1989 | Fuselage Inspection |
92-08-06 | 29 May 1992 | Sperry SP177 Autopilot Flight Control Computers and Mode Control Panels |
96-23-04 | 19 December 1996 | Static Inverters |
2001-16-11 | 25 September 2001 | Carriage Spindles |
2001-24-33 | 16 January 2002 | Auxiliary Power Unit Generator Power Feeder Wire Bundle |
Overview
The Civil Aviation Act 1988 is the primary piece of legislation governing civil aviation in Australia. It provides the framework for ensuring the safety and efficiency of civil aviation in the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of these regulations is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This is done under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which makes ADs a legislative instrument under the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft by adhering to international standards and practices, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This includes the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, and for the State of Registry to implement the necessary measures to maintain airworthiness.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Under this legislative arrangement, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as specified under subregulation 39.001(5), is a disallowable instrument and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This particular AD, which mandates compliance with specific Federal Aviation Administration (FAA) ADs affecting Boeing 737-100 and 737-200 series aircraft, has been issued due to Australia's obligations under the Convention on International Civil Aviation and in response to the FAA's ADs. The AD, effective from 31 August 2006, cancels and replaces the previous issue, reflecting CASA's commitment to aligning with international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General can make regulations to enhance safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (section 39.001(5)). These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
The obligations imposed by these provisions include ensuring that CASA evaluates and, if appropriate, mandates the requirements of ADs issued by the State of Design for aircraft types registered in Australia. This process ensures that Australian aircraft meet international safety standards. For instance, CASA must assess and issue Australian ADs in response to ADs issued by the United States Federal Aviation Administration (FAA) for Boeing 737-100 and 737-200 series aircraft, which are registered in Australia. This involves identifying applicable FAA ADs, assessing their necessity, and issuing corresponding Australian ADs, such as AD/B737/285 Amdt 1, which became effective on 31 August 2006. This directive requires compliance with all applicable FAA ADs listed in Schedule 1 and replaces previous directives.
Failure to comply with ADs can lead to significant consequences. The Act does not explicitly outline penalties for non-compliance, but non-compliance can result in serious safety risks and potential legal actions against the aircraft operator. Operators must ensure their aircraft meet the requirements of all applicable ADs to maintain airworthiness and avoid regulatory action. Additionally, CASA can take enforcement actions against operators who do not comply with ADs, which may include grounding the aircraft, fines, or other penalties as deemed appropriate by CASA.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are based on directives issued by the State of Design, such as the FAA for certain Boeing aircraft types. Failure to comply with these directives can result in significant safety risks and regulatory consequences, underscoring the importance of adhering to ADs to maintain safe air navigation.