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 issued AD 2008-16-13, affecting Boeing B737 aircraft, in 2008. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of an updated Boeing Service Bulletin. The amended AD, AD/B737/339 Amendment 1, will become effective on 13 October 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 Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the regulation of civil aviation activities to ensure safety and efficiency. The Act provides a legislative framework under which the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure the continuing airworthiness of aircraft registered in Australia. One such directive, AD/B737/339 Amendment 1, was issued by CASA to align with an airworthiness directive from the United States Federal Aviation Administration (FAA) concerning Boeing B737 aircraft. This action underscores the need for Australia to comply with international obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to provide continuing airworthiness information. As such, CASA’s issuance of this amended airworthiness directive reflects Australia’s commitment to maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the legal framework for the regulation of airworthiness directives (ADs) in Australia, thereby applying to aircraft and aeronautical products registered within the country. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs to ensure the ongoing safety and airworthiness of aircraft. The ADs are legislative instruments, as stipulated under the Legislative Instruments Act 2003, and serve as critical tools for maintaining airworthiness standards. CASA's role is integral in ensuring that Australian-registered aircraft comply with international standards set forth by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation. The ADs are issued in response to safety concerns identified by the State of Design, and CASA must align Australian regulations with international directives to maintain safety and interoperability within the global aviation industry. Notably, these directives do not require public consultation or a Regulatory Impact Statement, as they are issued in compliance with international obligations and in response to safety directives from the relevant State of Design.
Key Provisions
The Civil Aviation (Airworthiness) Amendment Regulation 2009 (F2009L03883) amends the Civil Aviation Safety Regulations 1998, and is a response to the international airworthiness directive (AD) issued by the US Federal Aviation Administration (FAA) concerning Boeing B737 aircraft (section 3). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, and subregulation 39.001(5) provides that such directives are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments. The AD in question, AD/B737/339 Amendment 1, was issued because Australia, as a Contracting State to the Convention on International Civil Aviation, must comply with airworthiness directives issued by the State of Design of a particular aircraft type.
The AD imposes obligations on the holders of certificates of airworthiness for Boeing B737 aircraft to comply with the updated airworthiness directive issued by CASA. Specifically, section 3 of the Regulation states that AD/B737/339 Amendment 1 cancels and replaces the previous AD, and mandates the requirements set out in the updated Boeing Service Bulletin. The AD requires the holders to ensure that their aircraft meet the updated airworthiness requirements by the effective date of 13 October 2009, and to keep records of any actions taken to comply with the AD. The AD also requires the holders to notify CASA of any non-compliance with the AD within 28 days of becoming aware of the non-compliance.
Failure to comply with the AD may result in civil and/or criminal consequences. Under section 98A of the Civil Aviation Act 1988, any person who contravenes an airworthiness directive is guilty of an offence and is liable to a penalty of up to $22,200 for an individual and $111,000 for a body corporate. In addition, under section 98C of the Act, CASA may suspend or cancel a certificate of airworthiness if it is satisfied that the holder of the certificate has contravened an airworthiness directive. Such suspension or cancellation may result in the grounding of the affected aircraft, with significant financial and operational consequences for the holder. Therefore, it is essential that holders of certificates of airworthiness for Boeing B737 aircraft comply with the requirements of the AD to avoid any potential civil or criminal liability or operational disruption.