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 2008-17-03 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/B737/341, which will become effective on 23 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 provide a comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate safety measures for specific types of aircraft or aeronautical products, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority, responsible for assessing and issuing these directives when required by Australia’s obligations under the Convention. This ensures that Australian aircraft maintain continuing airworthiness in accordance with international standards, thereby addressing any safety gaps and harmonising with global practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and regulation through the Legislative Instruments Act 2003. The scope of this regulation extends to any aircraft or aeronautical products registered in Australia, mandating compliance with airworthiness directives issued either by CASA or in response to directives from the aircraft's State of Design. This ensures that the continuing airworthiness of aircraft aligns with international standards set forth by the International Civil Aviation Organization (ICAO). Notably, these directives do not require public consultation or a Regulatory Impact Statement, given their basis in international obligations and the technical nature of air safety regulations. The ADs are issued to maintain the safety standards of air navigation within Australia, reflecting the collaborative responsibility between the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the Act's purpose and ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. This is further elaborated in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are crucial in maintaining the continuing airworthiness of aircraft, a responsibility outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the United States for Boeing B737 model aircraft, is responsible for providing necessary information to ensure the airworthiness of a type. The State of Registry, in this context, Australia, must adopt or develop requirements to ensure the ongoing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, evaluates the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs. For example, CASA has issued Australian AD/B737/341 in response to the US FAA’s AD 2008-17-03, which became effective on 23 September 2008.
Entities governed by these provisions must comply with the airworthiness directives issued by CASA. They are required to ensure that any aircraft within their purview adheres to the specifications and maintenance standards outlined in these directives. This includes conducting necessary inspections, repairs, or modifications as specified in the ADs to maintain the aircraft’s airworthiness. CASA’s role is to oversee and enforce these requirements to ensure safety and compliance with international standards.
Failure to comply with the airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, breaches may lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can lead to imprisonment. The exact penalties are not specified in the provided text, but they are intended to enforce compliance and maintain the highest safety standards in air navigation. The regulations ensure that both aircraft manufacturers and operators are held accountable for maintaining the airworthiness of the aircraft in accordance with the directives issued by CASA.