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 has issued AD 2006-13-13 affecting Boeing 737 series aeroplanes. The United States is the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/B737/294, which will become effective on 28 September 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, 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.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a comprehensive framework for the regulation of civil aviation within Australia. This legislation aims to ensure the safety and efficiency of civil aviation in the country by establishing the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. One of the key functions of CASA under this Act is to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, as mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are typically issued in response to international obligations under the Convention on International Civil Aviation, such as those related to continuing airworthiness information from the State of Design. Consequently, in the case of AD/B737/294 issued by CASA in response to the United States' AD 2006-13-13 for Boeing 737 series aeroplanes, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards in the interests of air navigation safety as per the Civil Aviation Act 1988. These directives apply to aircraft registered in Australia and are mandated by CASA following the assessment of information provided by the State of Design, which in this context is the country where the aircraft type is designed. In the case of Australian-registered Boeing 737 series aeroplanes, CASA has issued an Australian AD in response to an AD from the United States, the State of Design for this aircraft type. This legislative process ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments and are not subject to public consultation or the requirement for a Regulatory Impact Statement, as they are issued to fulfil Australia's obligations under international aviation agreements.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of these Regulations specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are fundamental tools for maintaining the airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a significant responsibility on the State of Design, which must provide all necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, has the duty to evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian registered aircraft meet international safety standards. Additionally, the State of Registry must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD is an offence. Such non-compliance can lead to civil penalties, including fines, and in severe cases, criminal charges may be pursued. The specific penalties for breaches are outlined in the Act and can vary depending on the severity and nature of the offence. CASA is responsible for enforcing compliance with ADs, and operators found in breach may face enforcement actions, including potential grounding of non-compliant aircraft.
The issuing of ADs, particularly those originating from another State of Design, such as the United States AD 2006-13-13 for Boeing 737 series aeroplanes, underscores the international nature of aviation safety standards. CASA, as the national airworthiness authority, ensures that Australian ADs align with international obligations under the Convention on International Civil Aviation. In this instance, CASA issued Australian AD/B737/294 in response to the US directive, which became effective on 28 September 2006. Given that these ADs are issued in response to international obligations and to ensure compliance with international standards, they do not require public consultation or a Regulatory Impact Statement. The AD was 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.