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 AD 2006-18-11 affecting Boeing B737 series aeroplanes. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/296, which will become effective on 23 November 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 Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry in accordance with Annex 8 of the Convention on International Civil Aviation. The Australian Civil Aviation Safety Authority (CASA), as the national airworthiness authority, assesses and issues Australian ADs in response to those from other States of Design, thereby fulfilling Australia's international obligations while ensuring the safety and compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products, ensuring compliance with safety standards and obligations under the Convention on International Civil Aviation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The ADs are issued in response to obligations under international aviation conventions and to ensure the continuing airworthiness of aircraft registered in Australia, following assessments of directives issued by the aircraft's State of Design. The ADs apply to all entities and individuals responsible for the maintenance and operation of affected aircraft, extending to the entire Commonwealth of Australia. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is carried out by designated CASA personnel in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance and enforcement of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for various types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are crucial for ensuring the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this context refers to the country where the aircraft is designed, has the primary responsibility for the ongoing airworthiness of a particular aircraft type. This state must provide necessary information to ensure the airworthiness of the aircraft to the States of Registry, which are the countries where the aircraft are registered. For instance, the United States, as the State of Design for Boeing B737 series aeroplanes, issued AD 2006-18-11, which CASA subsequently assessed and translated into Australian AD/B737/296. This process ensures that Australian-registered aircraft comply with international safety standards.
The obligations imposed by these regulations are primarily on CASA, as Australia’s national airworthiness authority. CASA must assess the information provided by the State of Design and, if deemed necessary, issue corresponding ADs to ensure compliance with international airworthiness standards. For example, when the United States FAA issued AD 2006-18-11, CASA assessed the directive and issued Australian AD/B737/296, which became effective on 23 November 2006. This process ensures that Australian-registered aircraft meet the necessary safety requirements as stipulated by the relevant State of Design.
Non-compliance with the requirements set forth in an airworthiness directive can result in serious consequences. While specific penalties for breaching these regulations are not detailed in the provided text, breaches of airworthiness directives generally attract significant civil and criminal penalties. In Australia, violations of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can result in fines and other legal repercussions. The severity of the penalty often depends on the nature and extent of the breach, with potential outcomes including substantial financial penalties and, in severe cases, imprisonment. It is therefore imperative for all stakeholders, including aircraft operators and maintenance personnel, to adhere strictly to the directives issued by CASA to avoid these severe consequences.