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 2005-18-23 affecting Boeing Model 737 Series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/297, which will become effective on 21 December 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 was enacted to ensure the safety of air navigation in Australia, and under its provisions, the Governor-General is authorised to make regulations to this end. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. Such directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and issuing Australian ADs in response to those issued by the State of Design, ensuring compliance with international standards and obligations. In this context, CASA has issued Australian AD/B737/297 in response to an AD issued by the United States Federal Aviation Administration concerning Boeing Model 737 Series aircraft, highlighting the importance of international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring they meet the necessary legislative standards. The issuance of ADs is governed by international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. In practice, this means that when the United States Federal Aviation Administration (FAA) issues an AD, such as AD 2005-18-23 for Boeing Model 737 Series aircraft, CASA must assess this information and, if deemed appropriate, issue a corresponding Australian AD, like AD/B737/297. This legislative process underscores Australia's commitment to international aviation safety standards while ensuring that domestic regulatory requirements are met.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations provides the authority to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument according to the Legislative Instruments Act 2003. This legislative instrument mechanism ensures that ADs are formal and enforceable directives in maintaining airworthiness.
The obligations imposed by the Act and Regulations on parties such as the State of Design and the State of Registry are significant. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This includes issuing ADs as required. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In the context of Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs.
Breach of the requirements set out in these ADs can lead to serious consequences. While the text does not explicitly state penalties for non-compliance, it is reasonable to infer that failure to adhere to the ADs could result in significant regulatory and safety ramifications. Such non-compliance might include potential legal actions under civil or criminal law, with penalties that could vary depending on the severity of the breach and its impact on safety. Given the critical nature of airworthiness directives, non-compliance could also lead to grounding of aircraft, which would have severe operational and financial repercussions for the operators involved.
The legislative process outlined in the text ensures that ADs are issued in a manner that aligns with international standards and obligations under the Convention on International Civil Aviation. The absence of public consultation and a Regulatory Impact Statement for these ADs is justified by their basis in international obligations and the critical nature of the safety information they contain. This streamlined process allows for timely responses to emerging safety issues without unnecessary delays, thereby maintaining high safety standards in the aviation industry.