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 2008-13-12 R1 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/B737/336 Amendment 1, which will become effective on
12 February 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety of civil aviation within Australia. This Act was introduced to address the need for a comprehensive and effective regulatory regime that could govern the safety aspects of air navigation and aircraft operations. One of the mechanisms under this Act is the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowering the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in alignment with international standards, particularly under the Convention on International Civil Aviation. When a State of Design, such as the USA for Boeing B737 models, issues an AD, CASA evaluates and, if necessary, issues corresponding Australian ADs to maintain safety standards. This approach reflects Australia's commitment to international civil aviation obligations while ensuring the safety of its airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are a subordinate instrument of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives apply to all aircraft registered in Australia and are instrumental in ensuring the continuing airworthiness of such aircraft. An AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. As per Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to ensure the continuing airworthiness of that type to the appropriate States of Registry. Consequently, when a State of Design issues an AD, the State of Registry, such as CASA in Australia, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This regulatory framework ensures that all aircraft registered in Australia comply with international safety standards and maintain their airworthiness.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of aviation in Australia. Under section 98, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal instruments designed to ensure the continued airworthiness of aircraft, as stipulated under section 39.001(5) of the Civil Aviation Safety Regulations 1998. This section also states that ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and must be registered under the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily concern the continuing airworthiness of aircraft. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility to ensure the continuing airworthiness of the aircraft type under Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft's continuing airworthiness. When a State of Design issues an AD, the State of Registry, represented by CASA in Australia, must evaluate the directive and, if appropriate, issue a corresponding AD for the aircraft registered within its jurisdiction. This ensures compliance with international safety standards and obligations under the Convention on International Civil Aviation.
There are potential consequences for non-compliance with the ADs issued by CASA. Although the AD in question was issued without public consultation due to Australia's international obligations, failure to comply with an AD can result in serious civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential criminal charges. The severity of the penalties depends on the nature and extent of the non-compliance, but they can be significant, reflecting the importance of maintaining airworthiness standards for public safety. The issuing authority, CASA, has the power to take enforcement actions against those who do not adhere to the requirements set out in the ADs, thereby ensuring that all aircraft within Australia meet the necessary safety standards.