AD/B737/307 Amdt 3 - Main Slat Track Downstop Assembly

Overview

The Civil Aviation Act 1988, enacted to provide for the safety of civil aviation in Australia, grants the Governor-General the authority to create regulations under section 98 for the Act's purposes and the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, pursuant to regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. In line with 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 ensure it to appropriate States of Registry. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. In response to the United States Federal Aviation Administration (FAA) issuing AD 2007-18-52 for Boeing 737 series aircraft, CASA has amended the equivalent Australian AD to incorporate FAA-approved Alternate Means of Compliance (AMOCs). The amended AD, AD/B737/307 Amendment 3, will become effective on 20 September 2010. As this AD is issued in response to an AD raised by the relevant State of Design and due to Australia’s obligations under the Convention on International Civil Aviation, no consultation of the Australian public has taken place. Additionally, 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.

Scope and Application

The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing safety of aircraft types registered in Australia. These regulations apply to all aircraft and aeronautical products within Australia’s jurisdiction, mandating that the State of Registry ensures the continuing airworthiness of aircraft in compliance with both domestic and international standards. The authority to issue ADs stems from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which recognises ADs as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to directives from the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type. This process ensures that Australian-registered aircraft meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. Notably, this legislative framework does not require public consultation for ADs, and such directives are not subject to a Regulatory Impact Statement, reflecting their critical role in maintaining aviation safety without bureaucratic delays.

Key Provisions

The main sections of the Civil Aviation Safety Regulations 1998 that govern the issue of airworthiness directives are sections 39.001 and 39.001(5). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products, ensuring compliance with safety standards. Section 39.001(5) clarifies that these directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, but must follow the processes outlined in the Legislative Instruments Act 2003. These regulations impose significant obligations on CASA and the State of Registry of an aircraft. CASA, as Australia’s national airworthiness authority, is required to assess airworthiness directives issued by the State of Design and, if necessary, issue equivalent Australian directives to ensure compliance with international safety standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes implementing any directives issued by CASA in response to international airworthiness directives. Failure to comply with airworthiness directives can lead to serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide for both civil and criminal penalties for non-compliance. Civil penalties can include fines, and in more severe cases, criminal penalties such as imprisonment. The exact penalties depend on the nature and severity of the breach, but can include substantial fines and/or imprisonment for directors of corporations found in breach. The issuing of airworthiness directives is also influenced by international agreements, such as Annex 8 to the Convention on International Civil Aviation. This annex outlines the responsibilities of the State of Design and the State of Registry, and mandates the need for cooperation between these states to maintain airworthiness standards. As such, CASA’s actions are often in response to directives issued by the aircraft’s State of Design, ensuring that Australian regulations align with international safety standards. In summary, the key provisions of the Civil Aviation Safety Regulations 1998 concerning airworthiness directives require CASA to assess and implement safety directives from the State of Design, mandate compliance by the State of Registry, and impose significant penalties for non-compliance. These directives are legislative instruments that align with international standards and obligations under the Convention on International Civil Aviation.