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 issued AD 2005-18-23, affecting Boeing Model 737 aircraft, in 2005. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the compliance intervals. The amended AD, AD/B737/297 Amendment 1, will become effective on 15 February 2007. 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, 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency within the sector. It empowers the Governor-General to make regulations for air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing the issuance of airworthiness directives (ADs). These regulations were established to address the need for consistent and internationally aligned standards in maintaining aircraft airworthiness. The ADs, as legislative instruments, are critical for ensuring that aircraft remain in a condition safe for operation and are issued by the Civil Aviation Safety Authority (CASA) in accordance with international obligations under the Convention on International Civil Aviation. This legislative approach aims to harmonise national airworthiness standards with international practices, thereby safeguarding public safety and maintaining the integrity of Australia's aviation industry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the objective of ensuring the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are designed to mandate compliance with continuing airworthiness requirements for aircraft registered in Australia, reflecting obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation. In practice, this means that when a State of Design, such as the United States for Boeing Model 737 aircraft, issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. The ADs are issued by CASA on behalf of the Commonwealth and apply to aircraft registered in Australia, thereby extending their jurisdictional reach nationally. Exemptions or exclusions from these ADs are not specified in the given text, but the application of these regulations would typically involve consultation with industry and relevant stakeholders to ensure practical compliance and safety.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument under the Legislative Instruments Act 2003. These directives are critical for ensuring that aircraft maintain their airworthiness, as outlined under Annex 8 to the Convention on International Civil Aviation.
The obligations under this Act and its regulations are clear and focused on safety. The State of Design, which is the country where the aircraft type is designed, bears the primary responsibility for the continuing airworthiness of that type. This includes providing necessary information to the State of Registry, which is the country where the individual aircraft is registered. The State of Registry, in turn, must develop or adopt requirements to ensure that aircraft remain airworthy. CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Failure to comply with the ADs can lead to serious consequences. While the Act does not explicitly detail specific offences or penalties, non-compliance with ADs can be considered a breach of the regulations, potentially leading to enforcement actions by CASA. Such actions might include fines, suspension or revocation of airworthiness certificates, and other administrative measures aimed at ensuring compliance. The gravity of these consequences underscores the importance of adhering to the ADs to maintain the safety standards mandated by the Act and the Regulations.