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 2007-15-04 affecting Boeing 737-800 series aeroplanes. The United States is the State of Design for this aeroplane series. CASA has amended the equivalent Australian AD to AD/B737/301 Amendment 2. The amended AD will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Engines in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and to provide a legal framework for regulating civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, with a specific focus on maintaining the safety of air navigation. One such regulation, 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. These ADs serve as a key mechanism for ensuring the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry. CASA issues these directives in response to international standards and to address specific safety concerns identified by the State of Design, ensuring that Australian aircraft meet international safety requirements.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) as specified under regulation 39.001. These ADs are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft types registered in Australia. The State of Registry, in this case, the Civil Aviation Safety Authority (CASA), is responsible for ensuring that all aircraft registered in Australia comply with these directives. The Act extends to all aircraft and aeronautical products that fall within its jurisdictional scope, regardless of their location within Australia or their operation within Australian airspace. Importantly, ADs issued under this framework are often in response to international obligations under conventions such as the Convention on International Civil Aviation, and therefore, may not always require public consultation or a Regulatory Impact Statement.
Key Provisions
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) under section 39.001 (subsection 5) of the Regulations. These directives are legislative instruments that serve to maintain the airworthiness of aircraft types. The United States Federal Aviation Administration (FAA) issued AD 2007-15-04, which pertains to the Boeing 737-800 series aeroplanes. Given that the United States is the State of Design for this aircraft type, CASA has amended the equivalent Australian AD, resulting in AD/B737/301 Amendment 2. This amended AD will take effect from 25 October 2007 and replaces the previous version.
The obligations imposed by this Act on the parties involved are primarily centred around the continuing airworthiness of aircraft. The State of Design is responsible for ensuring the airworthiness of an aircraft type and must provide necessary information to the States of Registry. Australia, as a State of Registry, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce these requirements.
Under this legislative framework, non-compliance with the requirements of an AD can lead to serious consequences. Violating the provisions of an AD can result in civil penalties, such as fines, as well as criminal penalties, including imprisonment. The specific penalties depend on the severity of the breach and the discretion of the court. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for breaches of ADs, but general provisions under the Act allow for substantial fines and imprisonment terms for serious offences related to aviation safety. The enforcement of ADs is critical to maintaining the safety standards required by international aviation regulations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.