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 91-07-04, affecting Boeing B737 aircraft, in 1991. 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 add a note allowing use of a later Service Bulletin. The amended AD, AD/B737/29 Amendment 2, will become effective on 28 September 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 Commonwealth Parliament, addresses the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. It empowers the Governor-General to create regulations, such as those found in the Civil Aviation Safety Regulations 1998, to implement the provisions of the Act. The Act provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework enables CASA to mandate compliance with airworthiness standards, ensuring that Australian aviation remains in line with international safety protocols as dictated by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the regulatory framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives apply to aircraft and aeronautical products that fall within the scope of the regulation and are registered in Australia, thereby ensuring that all such aircraft meet the necessary safety standards. The application of ADs is international in scope, adhering to the obligations set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, which in the case of Australia is CASA, must then adopt or develop the necessary requirements to ensure compliance with these international standards. This particular AD, AD/B737/29 Amendment 2, pertains to Boeing B737 aircraft, reflecting the USA’s role as the State of Design, and was issued to align with the international AD issued by the US Federal Aviation Administration in 1991. The AD has been amended to incorporate a later Service Bulletin and will replace the previous issue, effective from 28 September 2006.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. The legislative nature of ADs is underscored by subregulation 39.001(5), which identifies them as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and by their classification as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the type of aircraft, must furnish any necessary information to ensure that the aircraft remain airworthy. The State of Registry, where the aircraft is registered, must then adopt or develop requisite measures to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the design state's requirements.
The obligations imposed by these regulations include the requirement for CASA to assess and, if appropriate, issue an Australian AD when a State of Design issues one for aircraft registered in Australia. The State of Registry must develop or adopt specific requirements to ensure the continuing airworthiness of the aircraft in its registry. Additionally, the State of Design must provide necessary information to ensure the airworthiness of the aircraft type.
Failure to comply with ADs can lead to significant consequences. Civil aviation regulations often include provisions for offences and penalties for non-compliance, although the specific penalties are not detailed in the excerpt. The general principle is that breaches of airworthiness directives can result in substantial civil or criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. These measures are designed to ensure that aircraft remain airworthy and safe for operation.