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 issued AD/B737/300 in response to FAA AD 2006-26-09, to correct an unsafe condition affecting Boeing 737 series aircraft. As a result of a request from industry, CASA has reviewed this AD and decided to amend it to allow the use of FAA approved Alternate Means of Compliance. The amended AD, AD/B737/300 Amdt 1 will become effective on 25 June 2010. This AD cancels and replaces the previous issue.
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 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation within Australia, addressing the need for comprehensive regulatory frameworks to manage and oversee the growing aviation industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which provide detailed regulations for ensuring the safety of air navigation. One such regulation, 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby reinforcing the commitment to safety. These ADs are legislative instruments that CASA issues to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. The authority to issue these directives is grounded in the overarching responsibility of the State of Design for an aircraft type and the State of Registry’s duty to maintain the airworthiness of individual aircraft. This legislative framework ensures that Australia meets its obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, by adopting and enforcing ADs that reflect the safety standards set by the Federal Aviation Administration (FAA) and other international bodies.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the regulation of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are intended to ensure that aircraft maintain their airworthiness as per international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the individual aircraft registered within its jurisdiction. The ADs issued by CASA are in response to unsafe conditions identified by either the Federal Aviation Administration (FAA) or other international regulatory bodies, as was the case with AD/B737/300 and its amendment, AD/B737/300 Amdt 1, which addresses a specific issue with Boeing 737 series aircraft.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that support the Act and promote air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism ensures that any necessary safety measures are implemented to maintain the airworthiness of aircraft.
Under subregulation 39.001(5), ADs are considered disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament. This classification is consistent with section 6 of the Legislative Instruments Act 2003, which confirms that ADs are legislative instruments. These regulations are critical for maintaining safety standards, as they align with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness, and the State of Registry must implement these requirements.
The obligations imposed by these regulations require CASA to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance. This is evident in CASA's issuance of AD/B737/300 in response to the Federal Aviation Administration's (FAA) AD 2006-26-09, aimed at addressing an unsafe condition in Boeing 737 series aircraft. Following a review prompted by industry feedback, CASA amended this AD to allow the use of FAA-approved Alternate Means of Compliance, effective from 25 June 2010. This amendment cancels and replaces the previous version of the AD, ensuring updated safety protocols.
Failure to comply with these airworthiness directives can result in significant civil and criminal consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs can generally lead to enforcement actions by CASA, including fines, grounding of aircraft, or even criminal charges in cases of severe non-compliance. The severity of penalties can vary depending on the nature and impact of the non-compliance on aviation safety.