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 2, which will become effective on 28 September 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 |
75-24-09 | 12 September 1977 | Hydraulic System Fluid |
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 |
92-08-06 | 29 May 1992 | Sperry SP177 Autopilot Flight Control Computers and Mode Control Panels |
96-22-11 | 11 December 1996 | Waterman Hydraulic Fuses |
96-23-04 | 19 December 1996 | Static Inverters |
2001-24-33 | 16 January 2002 | Auxiliary Power Unit Generator Power Feeder Wire Bundle |
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia and to establish the legal framework for civil aviation operations. The Civil Aviation Safety Regulations 1998, which were amended to include the issue of airworthiness directives, further strengthen this framework by delegating authority to the Civil Aviation Safety Authority (CASA) to issue regulations that maintain and enhance aviation safety. The issuance of airworthiness directives is a crucial mechanism through which CASA mandates compliance with safety standards for aircraft and aeronautical products, thereby fulfilling Australia's international obligations under the Convention on International Civil Aviation. This legislation empowers CASA to issue directives in response to safety concerns raised by the State of Design or other international authorities, ensuring that aircraft registered in Australia meet global safety standards. This approach allows for timely and effective responses to safety issues without the need for public consultation, as the directives are a direct response to international safety mandates.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are instrumental in ensuring the safety and airworthiness of aircraft operating within Australia. ADs are legislative instruments that CASA issues in response to safety concerns identified by the State of Design, such as the United States for the Boeing model 737-100 and 737-200 series aircraft, and they become effective in compliance with international aviation standards set forth in Annex 8 to the Convention on International Civil Aviation. Each AD mandates compliance with specific safety requirements, reflecting Australia's commitment to maintaining high safety standards in civil aviation. These regulations apply to all aircraft registered in Australia and their operators, ensuring adherence to both national and international aviation safety protocols.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations in the interest of aviation safety (section 98), and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (regulation 39.001). These ADs are legislative instruments, subject to disallowance and review (subregulation 39.001(5), Acts Interpretation Act 1901; section 6, Legislative Instruments Act 2003). The ADs are issued to ensure the continuing airworthiness of aircraft, in line with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. When the United States, as the State of Design, issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA to ensure the continuing airworthiness of aircraft registered in Australia. These obligations include assessing information from the State of Design, such as the United States Federal Aviation Administration (FAA) ADs, and issuing Australian ADs when necessary. CASA must ensure that all applicable ADs are complied with by aircraft operators and owners. Additionally, the regulations outline the process for issuing and enforcing ADs, ensuring that all necessary measures are taken to maintain the safety standards required by international conventions.
Failure to comply with ADs can result in serious consequences, both civil and criminal. Under section 84A of the Civil Aviation Act 1988, CASA can take action against non-compliance, which may include fines and other penalties. The specific penalties for breaching ADs are not detailed in the provided text, but they typically include significant financial penalties, potential grounding of non-compliant aircraft, and legal action against operators or manufacturers who fail to adhere to the required safety standards. The severity of the consequences underscores the importance of adhering to airworthiness directives to maintain safety in aviation.
In summary, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. CASA has the authority to issue ADs based on information from the State of Design and must ensure compliance by Australian aircraft operators. Non-compliance with these directives can lead to significant civil and potentially criminal penalties, reinforcing the critical nature of adhering to these safety regulations.