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 has issued AD 2008-12-03 affecting Boeing 727, 737 and 767 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/727/213, AD/B737/338 and AD/B767/244, which will become effective on 28 August 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia and ensure safety, authorises the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The ADs are legislative instruments and are necessary to ensure the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. This AD, issued under section 98 of the Civil Aviation Act 1988, was enacted in response to the United States Federal Aviation Administration issuing AD 2008-12-03 affecting Boeing 727, 737 and 767 series aircraft. CASA assessed the AD and issued Australian AD/727/213, AD/B737/338 and AD/B767/244, which will become effective on 28 August 2008. The AD was issued in accordance with the obligations under the Convention on International Civil Aviation and as such, no consultation of the Australian public was required. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issuance of airworthiness directives (ADs) under regulation 39.001, apply to all entities involved in the operation of aircraft registered in Australia, including aircraft owners, operators, and maintenance providers. This regulation ensures that these entities comply with airworthiness requirements, which are essential for maintaining the safety of air navigation in Australia. ADs are legislative instruments made by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, and they are applicable across the entire Commonwealth of Australia. The ADs issued by CASA are generally issued in response to continuing airworthiness information from the State of Design or other relevant authorities, such as the United States Federal Aviation Administration (FAA). These directives do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This process ensures that all aircraft in Australia meet international safety standards and are compliant with the regulations set forth by CASA.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations for the Act's purposes, particularly to ensure the safety of air navigation. Section 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. It is important to note that these ADs are legislative instruments, as indicated by subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft and are issued in accordance with Annex 8 of the Convention on International Civil Aviation.
The obligations under this Act and the associated regulations are primarily focused on ensuring the safety and airworthiness of aircraft. The State of Design has a responsibility to provide information necessary for the continuing airworthiness of an aircraft type, which is typically conveyed through ADs. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA is responsible for assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
Failure to comply with the airworthiness directives may lead to significant legal consequences. Although the specifics of the penalties are not detailed in the provided text, breaches of regulations related to airworthiness could result in civil or criminal penalties under the Civil Aviation Act 1988 and associated regulations. CASA, as the national airworthiness authority, has the power to enforce these regulations and take appropriate action against non-compliance. It is crucial for aircraft operators and other relevant parties to adhere to the ADs to ensure the safety of air navigation and avoid any potential legal repercussions.