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 2008-09-15 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/B737/328, 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 Australian Parliament, establishes the legislative framework for civil aviation safety in Australia. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were formulated, which, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of these directives is in response to the need for harmonising national regulations with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for an aircraft type's continuing airworthiness and the State of Registry's duty to ensure individual aircraft's airworthiness. The ADs serve as a crucial mechanism for disseminating continuing airworthiness information, ensuring that Australia, as a Contracting State, meets its international obligations and maintains safe aviation practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. ADs are integral to the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to ensure the safety of aircraft types. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess this information and issue corresponding ADs if necessary. For instance, in response to the US Federal Aviation Administration’s AD 2008-09-15 affecting Boeing B737 model aircraft, CASA issued Australian AD/B737/328, effective from 3 July 2008. These directives are made without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies these ADs as legislative instruments, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, which is the country where the aircraft is designed, holds primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure the aircraft's continuing airworthiness to the State of Registry, which is the country where the aircraft is registered. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements.
Entities governed by these regulations, particularly CASA and aircraft operators, have specific obligations. CASA must rigorously assess any ADs issued by the State of Design to determine their applicability and necessity within the Australian context. If CASA determines that an AD is necessary, it must issue a corresponding Australian AD. Aircraft operators, on the other hand, must comply with these ADs, which may include performing specific maintenance tasks, adhering to operational limitations, or making structural modifications to their aircraft. Failure to comply with these directives can result in significant safety risks and may lead to the aircraft being grounded until compliance is achieved.
Failure to adhere to the requirements set forth in an AD can result in serious legal and safety consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. Additionally, CASA has the authority to take enforcement actions, which can include fines and the imposition of operational restrictions on the non-compliant aircraft. The severity of the penalties depends on the nature and extent of the non-compliance, with potential maximum fines specified under the relevant sections of the Act. These consequences underscore the critical importance of adhering to airworthiness directives to maintain the safety standards required in the aviation industry.