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 2007-02-14 affecting Boeing 737 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/299, which will become effective on 15 March 2007.
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, serves to regulate the safety and efficiency of civil aviation within Australia, ensuring that national airworthiness standards are met. It empowers the Governor-General to create regulations, including those necessary for the safety of air navigation, which are integral to maintaining high safety standards in the aviation sector. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, which are legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. CASA's responsibility includes assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, ensuring that Australian aviation standards are upheld. This legislative framework addresses the need for a coordinated and internationally compliant approach to airworthiness, ensuring that all aircraft operating within Australian airspace meet stringent safety requirements.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide a comprehensive framework for the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a means to mandate safety requirements that are essential for the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that can be issued without the need for public consultation or the preparation of a Regulatory Impact Statement, as they are typically responses to safety issues identified by the State of Design or other international authorities, such as the Federal Aviation Administration of the United States. The scope of these directives extends to all aircraft registered in Australia, ensuring that the safety standards mandated by these directives are uniformly applied across the industry.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with ensuring the ongoing airworthiness of an aircraft type, providing necessary information to States of Registry. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this obligation. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design.
The United States Federal Aviation Administration (FAA) has issued AD 2007-02-14 concerning Boeing 737 model aircraft, with the United States being the State of Design. CASA has evaluated this AD and subsequently issued Australian AD/B737/299, effective from 15 March 2007. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. The Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
In terms of obligations and requirements, CASA must ensure that any AD issued is based on the assessment of information from the State of Design, reflecting the need to maintain international standards and safety. The obligations extend to the enforcement of these ADs within the Australian jurisdiction, ensuring that the requirements are implemented effectively and efficiently. Failure to comply with an AD can result in significant penalties, as the regulations are designed to uphold the highest standards of aviation safety. The Civil Aviation Safety Regulations 1998 do not specify particular penalties for non-compliance with ADs; however, general aviation regulations could impose fines or other sanctions for violations of safety directives. These consequences underscore the importance of adhering to ADs, given their critical role in maintaining airworthiness and ensuring the safety of air navigation.