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 2008-16-13 affecting Boeing 737-600, -700,
-700C, -800, -900 and -900ER series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/B737/339, which will become effective on 25 September 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 Regulatory Review 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 was enacted to establish a legal framework for the regulation of civil aviation in Australia, addressing issues related to the safety, efficiency, and orderly development of civil aviation. This Act empowers the Governor-General to make regulations that are essential for ensuring the safety of air navigation, reflecting a commitment to maintaining high standards of aviation safety within Australia and in line with international obligations. The Civil Aviation Safety Regulations 1998 further operationalise the provisions of the Act by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for ensuring the continuing airworthiness of aircraft, a responsibility mandated by Annex 8 to the Convention on International Civil Aviation, which places the State of Design at the forefront of ensuring that an aircraft type remains airworthy. CASA, acting as Australia's national airworthiness authority, plays a crucial role in assessing foreign ADs and issuing corresponding Australian ADs when necessary, thereby fulfilling Australia's international commitments and safeguarding the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products to ensure the safety of air navigation in Australia. These directives, which are legislative instruments, are mandated by the Civil Aviation Act 1988 and extend to all aircraft registered within Australia, regardless of the aircraft's State of Design. CASA’s responsibility, as Australia's national airworthiness authority, includes assessing any ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs to enforce these requirements on aircraft registered in Australia. The application of these regulations is national, covering all aircraft operating within Australian airspace, and is implemented in accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the State of Design in charge of an aircraft type’s continuing airworthiness. Notably, no public consultation is required for such ADs as they are issued in direct response to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. This regulatory measure ensures that aircraft maintain the highest safety standards. ADs are legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, as they are disallowable instruments. These directives are crucial for maintaining the continuing airworthiness of aircraft types, a responsibility primarily held by the State of Design, which must provide necessary information to States of Registry as per Annex 8 of the Convention on International Civil Aviation.
Entities governed by these regulations must comply with ADs issued by CASA, Australia's national airworthiness authority. The State of Registry, which in this context refers to Australia, must ensure the continuing airworthiness of aircraft by adopting or developing requirements in line with the ADs issued by the State of Design. For instance, when the United States Federal Aviation Administration (FAA) issues an AD for Boeing 737 series aeroplanes, CASA assesses the directive and, if appropriate, issues an Australian AD to enforce the necessary safety measures. This collaborative approach ensures that safety standards are uniformly applied across different jurisdictions.
Failure to comply with ADs can result in significant consequences. Entities that do not adhere to the mandated safety requirements may face legal and financial penalties. The specific penalties are not detailed in the provided text but generally include fines, imprisonment, or both, depending on the severity of the non-compliance. Non-compliance not only risks public safety but also undermines the integrity of the aviation safety system. Thus, it is imperative for all parties to strictly follow the ADs to maintain the high safety standards expected in the aviation industry.
The issuance of AD 2008-16-13 by the FAA for Boeing 737 series aeroplanes exemplifies the process by which CASA issues Australian AD/B737/339, effective from 25 September 2008. This directive, issued without public consultation due to Australia's obligations under the Convention on International Civil Aviation, highlights the importance of international cooperation in maintaining aviation safety. The Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, issued the AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that safety directives are issued efficiently and effectively, without the need for extensive regulatory reviews.