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 US FAA has issued AD 2008-03-20 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/315, which will become effective on 10 April 2008.
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, Airframes 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, serves to establish the regulatory framework for civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Section 98 of the Act empowers the Governor-General to make regulations that contribute to the overarching goal of aviation safety. Complementing this, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide specific provisions regarding the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that mandate actions to maintain the airworthiness of aircraft, and they are issued in response to international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to harmonise Australian aviation safety standards with international practices, thereby ensuring the continuing airworthiness of aircraft within the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation and are applicable to all aircraft registered in Australia, irrespective of whether they are operated domestically or internationally. ADs are a form of legislative instrument, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these directives extends to mandating the compliance of Australian-registered aircraft with airworthiness requirements as determined by the State of Design, in alignment with the Convention on International Civil Aviation. In the case of international ADs, such as the one issued by the US Federal Aviation Administration (FAA) concerning Boeing B737 aircraft, CASA is obligated to assess and, if necessary, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards. The issuance of these directives is governed by Australia’s obligations under international aviation conventions and is not subject to public consultation or a Regulatory Impact Statement, reflecting their technical and regulatory nature.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 and regulation 39.001 respectively. An AD is a legislative instrument under subregulation 39.001(5), which means it is subject to disallowance under section 46A of the Acts Interpretation Act 1901, and it is created in accordance with the Legislative Instruments Act 2003. These directives ensure the continuing airworthiness of aircraft types, particularly when issued by the State of Design as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft and must implement the requirements of any ADs issued by the State of Design. For example, the United States Federal Aviation Administration (FAA) issued AD 2008-03-20 for Boeing B737 model aircraft, and CASA subsequently issued Australian AD/B737/315, which came into effect on 10 April 2008.
The obligations imposed on parties by these regulations primarily involve compliance with the ADs issued by CASA. Specifically, aircraft owners and operators must follow the directives to maintain the airworthiness of their aircraft. This includes adhering to any required modifications, inspections, or operational limitations specified in the ADs. The State of Design and the State of Registry have the responsibility to communicate and implement these directives effectively. CASA, as Australia's national airworthiness authority, must assess foreign ADs and determine if they necessitate the issuance of an Australian AD. In the case of international agreements such as the Convention on International Civil Aviation, CASA's actions are guided by the obligations to ensure the safety of air navigation.
Failure to comply with ADs can result in significant legal consequences. Under section 10 of the Civil Aviation Act 1988, an aircraft may be considered airworthy only if it complies with applicable ADs. Therefore, non-compliance can render an aircraft non-airworthy, which is a serious violation. Penalties for operating a non-airworthy aircraft can be substantial, including fines and imprisonment. Specifically, section 94 of the Act allows for a maximum penalty of up to $22,200 and/or imprisonment for up to two years for individuals, and higher penalties for corporations. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for operators.