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.
CASA has raised AD/B737/297 Amdt 3 to correct a situation where, due to the acquisition of the manufacturer of a particular component used in the process used to rectify the unsafe situation on Boeing B737 aircraft, that component was renamed. The specifications for that component have not changed. The United States Federal Aviation Authority has, through The Boeing Corporation, issued an Alternative Method of Compliance (AMOC) 103S-09-9 dated 28 April 2009. To provide relief to the operators of this aircraft type CASA has amended AD/B737/297 Amdt 2 to include reference to the AMOC and allow the use of the renamed product.
CASA has not consulted with the Australian industry and public as the amendment provides an alternative means of compliance and allows the operators to utilise the renamed product.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations within Australian airspace. The Act empowers the Governor-General to make regulations for air navigation safety, with a focus on maintaining the highest standards of aviation safety and security. As part of this framework, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed regulatory requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments that mandate corrective actions or maintenance requirements for aircraft and aeronautical products to ensure their continuing airworthiness. The policy objective of these regulations is to harmonise with international standards set by the International Civil Aviation Organization (ICAO) and to safeguard the public by maintaining safe aviation practices.
The specific airworthiness directive AD/B737/297 Amdt 3 was introduced to address a situation where a component used in rectifying an unsafe condition on Boeing 737 aircraft was renamed due to a change in the manufacturer. Despite the name change, the specifications and safety requirements for the component remained unchanged. To provide operational relief to the affected aircraft operators, CASA amended AD/B737/297 Amdt 2 to incorporate an Alternative Method of Compliance (AMOC) issued by the United States Federal Aviation Authority through The Boeing Corporation. This amendment allows the operators to use the renamed component, thereby facilitating compliance with the required safety standards. The amendment was made without public consultation, as it provides an alternative means of compliance that does not alter the fundamental safety requirements. The Office of Regulatory Review has determined that such airworthiness directives do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are applicable to all aircraft and aeronautical products registered within Australia. These ADs are designed to mandate specific safety requirements that must be met to ensure the continuing airworthiness of aircraft. The ADs apply to all entities and individuals involved in the operation, maintenance, and design of aircraft in Australia, encompassing both commercial and private aviation sectors. The geographic reach of these regulations is national, ensuring uniform safety standards across the country. Any AD issued by CASA is a legislative instrument that must comply with the Legislative Instruments Act 2003. While the ADs are comprehensive, they do not explicitly exclude any particular aircraft or aeronautical products, but rather focus on maintaining the highest safety standards across all applicable entities. The authority to issue and amend ADs extends to the creation of subordinate instruments that can refine or adjust the scope and application of the original directives, as demonstrated by CASA's amendments to AD/B737/297 to accommodate changes in component specifications and manufacturer acquisitions.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, particularly focusing on the airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are a critical component of ensuring the continuing airworthiness of aircraft types. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for the airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate the directive and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
CASA has issued AD/B737/297 Amendment 3 to address a situation where a component used in rectifying an unsafe condition on Boeing 737 aircraft was renamed due to the acquisition of its manufacturer. Despite the name change, the specifications of the component remain unchanged. Additionally, CASA amended AD/B737/297 Amendment 2 to include reference to an Alternative Method of Compliance (AMOC) issued by the United States Federal Aviation Authority through The Boeing Corporation. This amendment allows operators to use the renamed product, offering a practical solution to the operators of this aircraft type. However, it is noted that CASA did not consult with the Australian industry and public regarding this amendment.
The airworthiness directives issued by CASA are subject to compliance requirements, with significant consequences for non-compliance. While specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with ADs can result in serious safety issues. Regulatory compliance ensures that aircraft maintain their airworthiness, thereby protecting passengers, crew, and the general public. The regulatory framework underscores the importance of adhering to safety directives to prevent accidents and ensure the highest standards of aviation safety.