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 89-11-06R1, affecting Boeing B737 aircraft, in 1989. 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 add a note allowing use of a later Service Bulletin. The amended AD, AD/B737/33 Amendment 1, will become effective on 28 September 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 establish a framework for ensuring the safety of civil aviation within Australia. The Act empowers the Governor-General to make regulations for the purpose of civil aviation safety, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives, which are legislative instruments subject to disallowance and review processes. The Act ensures that Australia adheres to international standards, particularly those set by the International Civil Aviation Organization (ICAO), by facilitating the adoption and enforcement of directives issued by the aircraft's State of Design. The policy objective is to maintain high safety standards in civil aviation through coordinated regulatory measures that reflect international best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issue of Airworthiness Directive AD/B737/33 Amendment 1, apply to all entities and individuals involved in the operation, maintenance, and manufacture of Boeing B737 aircraft within Australia. This includes aircraft owners, operators, maintenance organisations, and any other entities or individuals whose activities pertain to the continuing airworthiness of the specified aircraft type. The regulations fall under the jurisdiction of the Commonwealth and are intended to ensure compliance with international standards as set out in the Convention on International Civil Aviation, specifically Annex 8, which addresses the continuing airworthiness of aircraft. The issuance of this specific AD is directly linked to Australia's obligations under this international convention, and it mandates the adoption of certain safety measures for the specified aircraft type. There are no stated exclusions or exemptions in this directive, and it extends to all relevant aircraft registered in Australia. The AD is a legislative instrument subject to disallowance under section 46A of the Acts Interpretation Act 1901, and it has been prepared and issued in accordance with the provisions of the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 revolve around the issuance of airworthiness directives (ADs) which are tools used to maintain the continuing airworthiness of aircraft types. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, thereby ensuring that safety standards are met and maintained. These ADs are legislative instruments under the Legislative Instruments Act 2003. Additionally, under regulation 39.001(5), these ADs are subject to disallowance as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these provisions are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide any necessary information to ensure the safety and compliance of the aircraft type to the appropriate States of Registry, including Australia. The State of Registry, which is Australia in this context, has the responsibility to develop or adopt requirements that ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs to align with the directives issued by the State of Design. In this particular case, CASA has amended the Australian AD to reflect the changes proposed by the US Federal Aviation Administration (FAA) concerning Boeing B737 aircraft.
Failure to comply with the ADs can lead to severe consequences. While the specific provisions regarding offences, penalties, or civil/criminal consequences are not detailed in the excerpt provided, it is understood that non-compliance with ADs can result in significant legal repercussions. In Australia, these consequences might include fines, operational restrictions, or even the grounding of non-compliant aircraft. Such measures are enforced to ensure that the highest safety standards are maintained in the aviation industry. The legislative framework ensures that the safety and operational integrity of aircraft are prioritised, reflecting the stringent regulatory environment designed to protect public safety and aviation standards.