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 2008-11-04 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/B737/332, which will become effective on 31 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 was enacted to establish a framework for ensuring the safety of civil aviation within Australia. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which were created to address the safety of air navigation. One of the key provisions of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that the continuing airworthiness of aircraft is managed effectively, thereby protecting public safety and fulfilling Australia's obligations under international agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international standards for aircraft safety. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that promote the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. ADs are instrumental in maintaining the continuing airworthiness of aircraft and are typically issued by the State of Design, which has the primary responsibility for an aircraft type's airworthiness. In Australia, CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. This process is carried out in adherence to Australia's commitments under the Convention on International Civil Aviation, and typically, no public consultation is required for such directives.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that serve the purpose of the Act and the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations focus on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for maintaining the airworthiness of the aircraft type. This includes providing necessary information to the States of Registry to ensure the safety and airworthiness of the aircraft. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry. When the State of Design issues an AD, the State of Registry, in this case CASA as Australia's national airworthiness authority, must assess the AD and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with an AD can lead to significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, non-compliance with these directives can result in the aircraft being deemed unairworthy, which could lead to grounding of the aircraft and potential criminal or civil liability for the aircraft operator. Additionally, failure to adhere to the ADs can lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, and other regulatory actions. The severity of these consequences underscores the importance of complying with ADs to maintain the safety and airworthiness of aircraft.