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 2008-09-13 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/B737/327, which will become effective on 3 July 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 Parliament of Australia, establishes the legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to issue regulations, including airworthiness directives, under section 98 to safeguard air navigation. The Civil Aviation Safety Regulations 1998 further delineates the powers of the Civil Aviation Safety Authority (CASA) to issue these directives to maintain the airworthiness of aircraft and aeronautical products. As per the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and the State of Registry must adopt necessary measures to maintain this airworthiness. This responsibility mandates CASA to issue Australian airworthiness directives when a State of Design issues such directives for aircraft types registered in Australia. Consequently, CASA issued Australian AD/B737/327 in response to the US Federal Aviation Administration's AD 2008-09-13 for Boeing B737 model aircraft, reflecting Australia's international obligations and ensuring compliance with airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as required under section 98 of the Act. An AD, as a legislative instrument under the Legislative Instruments Act 2003, mandates compliance and is issued in line with Australia’s responsibilities under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for continuing airworthiness of an aircraft type. In the case of the Boeing B737 model, as the State of Design, the United States Federal Aviation Administration (FAA) issued AD 2008-09-13, prompting CASA to issue its own Australian AD/B737/327 effective from 3 July 2008. This Australian AD is a direct response to international obligations and the need to maintain airworthiness standards. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued by CASA under the authority of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulation is significant because it formalises the process through which CASA can mandate safety requirements, ensuring that aircraft remain airworthy according to international standards.
These airworthiness directives, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal framework underscores the importance of these directives in maintaining the safety and airworthiness of aircraft. Furthermore, under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with ensuring the continuing airworthiness of an aircraft type, a responsibility that includes providing necessary information to States of Registry.
The obligations imposed by this legislation include the responsibility of the State of Registry to develop or adopt requirements that ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, such as the one issued by the US FAA for Boeing B737 model aircraft, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet the required safety standards. In this specific case, CASA has assessed the US FAA’s AD 2008-09-13 and issued Australian AD/B737/327, effective from 3 July 2008.
The legislation also sets out the consequences for non-compliance with these airworthiness directives. Failure to adhere to the requirements outlined in an AD can result in significant civil or criminal penalties. While the specific penalties are not detailed in the text, it is clear that non-compliance can have serious repercussions, potentially including fines or other regulatory actions. These measures are in place to ensure that all parties involved in the aviation industry take the necessary steps to maintain the highest standards of safety and airworthiness.