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 issued AD 2008-05-06, affecting Boeing B737 model aircraft, in 2008. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of repairs that have been approved by the FAA without the need to apply for an exclusion against the AD. The amended AD, AD/B737/316 Amendment 1, will become effective on
17 November 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including airworthiness directives, which are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The policy objective of these directives is to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation and ensuring consistency with international standards set by the International Civil Aviation Organization. The ADs are issued in response to actions by the State of Design, such as the Federal Aviation Administration in the United States, and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are made under the authority of the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. Specifically, regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments that have the force of law once they are issued. The ADs are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of an aircraft type and to the State of Registry for the airworthiness of individual aircraft. When a State of Design issues an AD, such as the one from the US FAA concerning Boeing B737 model aircraft, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian registered aircraft meet international safety standards. Due to the nature of ADs and their basis in international obligations, they do not require public consultation or a Regulatory Impact Statement. The ADs are made by authorised officials within CASA, in compliance with the relevant provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as a critical tool for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the design of the aircraft type, must provide necessary information to ensure continuing airworthiness. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements. This process ensures that Australian-registered aircraft meet international safety standards.
Breaching the requirements set forth in an AD can lead to serious consequences. The Civil Aviation Act 1988 and associated regulations do not explicitly outline specific offences or penalties for non-compliance with ADs, but general aviation offences can lead to substantial fines and imprisonment. For instance, failure to comply with an AD could be seen as contravening the general duty to ensure airworthiness, which is a serious offence under the Act. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, imposing fines, and prosecuting individuals or corporations responsible for the breach.
In the specific case of the amended AD/B737/316 Amendment 1, which became effective on 17 November 2008, CASA has streamlined the process for repairs approved by the FAA, allowing for the use of these repairs without the need for additional exclusion applications. This amendment reflects CASA's commitment to harmonising with international standards and facilitating efficient compliance with airworthiness requirements. Given the nature of ADs and their basis in international agreements, CASA did not consult the Australian public or prepare a Regulatory Impact Statement for this directive. The AD was issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.