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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B737/331 affecting Boeing 737 series aeroplanes. The United States FAA issued AD 2008-10-09 R1 on 16 December 2009 which supersedes the requirements of AD/B737/331 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 15 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing issues pertinent to the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to create regulations for the purposes of the Act, particularly in relation to the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is essential to ensure that aircraft remain in a safe and airworthy condition throughout their operational life, aligning with international standards as set forth in the Convention on International Civil Aviation and its annexes. The authority to issue and cancel such directives is vested in CASA, which acts on behalf of the Australian government to uphold the highest standards of aviation safety.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, serving as legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives apply to specific kinds of aircraft or aeronautical products and are essential for ensuring the continuing airworthiness of aircraft, a responsibility held by the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. For aircraft on the Australian Register, CASA must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. Notably, ADs issued by the State of Design on or after 1 October 2009 are defined under Civil Aviation Safety Regulations Part 39.001A. The authority to issue these directives extends to the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, acting on behalf of CASA, in accordance with subsection 94(1) of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These directives are critical for ensuring the ongoing airworthiness of aircraft and are aligned with Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness with the State of Design (Annex 8). In this context, the State of Design refers to the country where the aircraft was originally designed, while the State of Registry is responsible for the individual aircraft’s continuing airworthiness (Annex 8). When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review this information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This regulatory process ensures that all aircraft registered in Australia meet the necessary safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry are significant. CASA must meticulously assess the ADs issued by the State of Design and decide whether to implement these directives in Australia. This assessment process includes ensuring that the ADs comply with Australian aviation safety standards and that the requirements are appropriate for the specific types of aircraft registered in Australia (39.001(5)). The State of Registry, on the other hand, has the obligation to develop or adopt necessary requirements to ensure the continuing airworthiness of aircraft under its registry. This includes adhering to any ADs issued by CASA and ensuring that all mandated safety measures are implemented and maintained on the aircraft.
Failure to comply with the airworthiness directives can lead to serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that adherence to ADs is mandatory. Non-compliance could potentially result in aircraft being deemed unairworthy, leading to grounding of the aircraft, which in turn could have significant implications for airlines and air operators. In more severe cases, non-compliance with airworthiness directives can lead to enforcement actions by CASA, including fines, legal action, or other administrative penalties. The seriousness of these consequences underscores the importance of strict adherence to ADs in maintaining aviation safety standards.