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. CASA has assessed the individual ADs and has issued Australian AD/B737/285, which will become effective on 8 June 2006. This AD requires compliance with all applicable FAA ADs listed in Schedule 1.
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 |
92-08-06 | 29 May 1992 | Sperry SP177 Autopilot Flight Control Computers and Mode Control Panels |
96-23-04 | 19 December 1996 | Static Inverters |
2001-24-33 | 16 January 2002 | Auxiliary Power Unit Generator Power Feeder Wire Bundle |
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. In particular, the Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, which are integral to maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the process by which the Civil Aviation Safety Authority (CASA) can issue such directives. This regulatory approach aligns with international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's airworthiness. In response to airworthiness directives issued by the United States Federal Aviation Administration (FAA) for Boeing 737-100 and 737-200 series aircraft, CASA has assessed the relevant directives and issued Australian AD/B737/285, effective from 8 June 2006, to mandate compliance with all applicable FAA directives. This legislative instrument was made under the authority of the Act and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs are issued in response to safety concerns identified by the aircraft's State of Design or in accordance with international obligations under the Convention on International Civil Aviation. An AD becomes a legislative instrument once issued, subject to disallowance under the Acts Interpretation Act 1901. In the case of Boeing model 737-100 and 737-200 series aircraft, CASA has issued AD/B737/285 following assessment of United States Federal Aviation Administration (FAA) ADs, which will mandate compliance with all applicable FAA ADs listed in the Schedule to the AD. The AD applies to all aircraft operators in Australia that hold the specified types of aircraft on the Australian Register. The AD is not subject to public consultation or a Regulatory Impact Statement as it is a response to international obligations and existing foreign ADs.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In this case, CASA has issued AD/B737/285 in response to United States Federal Aviation Administration (FAA) ADs affecting Boeing model 737-100 and 737-200 series aircraft, which will become effective on 8 June 2006. This Australian AD mandates compliance with all applicable FAA ADs listed in Schedule 1 of the regulation.
Entities and parties governed by this Act, particularly those involved in the maintenance and operation of Boeing model 737-100 and 737-200 series aircraft, are required to comply with the provisions outlined in AD/B737/285. This includes adhering to the FAA ADs specified in Schedule 1, which cover a range of issues such as the Ground Proximity Warning System Flap Position Switches, Engine Starter Operation Indication, and Runaway Stabiliser Trim, among others. The State of Registry, in this case, Australia, must ensure that the aircraft under its registry comply with these directives to maintain airworthiness.
Failure to comply with the requirements set out in AD/B737/285 may result in significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, general provisions within the Civil Aviation Act 1988 and associated regulations may apply. Non-compliance could potentially lead to enforcement actions, fines, or even grounding of the aircraft, as the safety of air navigation is paramount. Given the international obligations and the critical nature of airworthiness directives, violations may also attract additional scrutiny and regulatory action to ensure compliance and uphold safety standards.