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 2007-23-10, affecting Boeing Model 737 aircraft, in 2007. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error in the Compliance Statement date. The amended AD, AD/B737/311 Amendment 1, will become effective on 17 January 2008. 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, Systems and New Tecnologies 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 Commonwealth Parliament, was designed to regulate the safety and efficiency of civil aviation in Australia. This Act grants the authority to the Governor-General to make regulations ensuring the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are made in accordance with the Legislative Instruments Act 2003. The policy objective underpinning these directives is to maintain and enhance the safety standards of civil aviation in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 apply to various entities within the aviation sector, including aircraft manufacturers, operators, and aviation authorities such as the Civil Aviation Safety Authority (CASA). These regulations govern the issuance of airworthiness directives (ADs), which are legislative instruments aimed at ensuring the continuing airworthiness of aircraft. The Act and Regulations extend to the entire Commonwealth of Australia, ensuring a uniform approach to civil aviation safety. ADs apply to specific kinds of aircraft or aeronautical products and are issued in response to safety concerns or following directives from the State of Design, which holds primary responsibility for the airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to ensure compliance with international standards. The scope of ADs includes mandating safety measures and compliance timelines, with CASA’s authority to issue these directives stemming from its responsibilities under the Civil Aviation Act and international aviation conventions.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations that are in the interests of the safety of air navigation. In accordance with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the State of Design's responsibility for ensuring the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This means that the State of Design must provide all necessary information to appropriate States of Registry to maintain the airworthiness of the aircraft type. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences, as they are legally binding directives intended to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, but non-compliance generally falls under the broader regulatory framework of the Civil Aviation Act 1988, which can result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for non-compliance with civil aviation regulations can include substantial fines and, in cases of serious safety breaches, imprisonment.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 ensure that ADs are issued to maintain the airworthiness of aircraft and to comply with international standards. CASA is responsible for assessing and implementing these directives within Australia, and failure to comply with ADs can result in significant civil or criminal penalties.