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 United States FAA issued AD 2008-12-03, affecting Boeing 737 series aircraft, in 2008. The United States is the State of Design for this equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/B737/338 Amendment 1, will become effective on 25 September 2008. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, serving as legislative instruments under the Legislative Instruments Act 2003, are issued to maintain the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. This legislative approach ensures that Australia adheres to international standards while addressing specific safety concerns identified by the State of Design or Registry, thereby fulfilling Australia's obligations under the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs are legislative instruments as defined by section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The issuance of ADs is a critical mechanism for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. In accordance with these international obligations, the State of Registry, in this case CASA, must ensure that Australian-registered aircraft meet the continuing airworthiness standards set forth by ADs issued by the aircraft's State of Design. For example, following the issuance of a United States Federal Aviation Administration AD in 2008 concerning Boeing 737 series aircraft, CASA issued a corrected Australian AD to align with international standards and rectify a typographical error. This AD, AD/B737/338 Amendment 1, became effective on 25 September 2008 and replaces the previous version. Given that the AD is a direct response to international obligations and the request from industry, it has not been subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. These directives are regulatory instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types and aeronautical products. An airworthiness directive is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under the Legislative Instruments Act 2003.
Obligations under this legislation primarily rest with CASA, which must issue ADs when required to ensure the safety of air navigation. The State of Design, such as the United States for Boeing 737 aircraft, holds the responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In Australia, the State of Registry, represented by CASA, must assess this information and, if necessary, issue corresponding ADs to mandate the requirements of the State of Design. This is exemplified in the amendment of AD/B737/338 Amendment 1 to correct a typographical error in an existing directive issued by the U.S. Federal Aviation Administration (FAA).
Failure to comply with airworthiness directives can result in significant legal and safety consequences. While specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is implicit that such non-compliance could lead to serious repercussions, including potential legal action against the aircraft operator or manufacturer. Non-compliance could also lead to grounding of aircraft until the required actions are taken, which may result in financial and operational disruptions.
Additionally, the issuing of ADs in response to international obligations under the Convention on International Civil Aviation ensures that Australian aviation standards remain aligned with international safety norms. The AD process itself does not require public consultation, as determined by the Office of Best Practice Regulation, and does not necessitate a Regulatory Impact Statement. This streamlined process allows for timely and effective management of airworthiness issues, ensuring that Australian aviation remains safe and compliant with international standards.