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 has issued AD 2008-06-03 affecting Boeing 737 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/321, which will become effective on 5 June 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, Systems and New Technologies 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, was introduced to regulate the safety aspects of civil aviation within Australia. The Act provides the legislative foundation for ensuring the safety of air navigation and the continuing airworthiness of aircraft. It empowers the Governor-General to make regulations that are critical for maintaining safety standards. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as essential tools for enforcing the continuing airworthiness of aircraft as mandated by international agreements, such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that Australian aviation remains compliant with international safety standards, thereby protecting the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments. These directives are essential for maintaining the continuing airworthiness of aircraft and are in line with the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, which in the case of Boeing 737 series aircraft is the United States, has the primary responsibility for issuing ADs, and CASA, as Australia's national airworthiness authority, must assess these directives and, if necessary, issue corresponding Australian ADs. The issuance of these ADs is a mandatory process driven by international obligations and does not involve public consultation or require a Regulatory Impact Statement. The ADs are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations for the safety of air navigation. Under this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a form of legislative instrument, as stipulated by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. An airworthiness directive, as defined by subregulation 39.001(5), plays a critical role in maintaining the continuing airworthiness of aircraft.
The obligations imposed by these provisions necessitate that the State of Design, which is responsible for the overall airworthiness of a particular aircraft type, provides necessary information to the States of Registry to ensure the continuing airworthiness of aircraft. The State of Registry, in turn, must develop or adopt requirements to maintain airworthiness. In the event that a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the directive and, if deemed necessary, issue an Australian AD. This ensures compliance with both national and international standards for air safety.
Breaches of the requirements set out in airworthiness directives can lead to severe consequences. Non-compliance with ADs may result in the grounding of an aircraft, which can have significant operational and financial impacts on airlines and operators. Furthermore, failure to adhere to ADs can result in enforcement actions by CASA, including fines or other penalties. The maximum penalties for non-compliance can vary but are typically substantial, reflecting the importance of adhering to airworthiness directives to ensure public safety.
The United States Federal Aviation Administration (FAA) has issued AD 2008-06-03 for Boeing 737 series aircraft, with the United States being the State of Design. CASA has assessed this AD and issued Australian AD/B737/321, effective from 5 June 2008. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation and does not require public consultation, CASA has followed the necessary legislative processes to ensure compliance with these international standards. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.