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 2008-17-13 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/B737/342, which will become effective on 5 November 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 for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs). The Act authorises the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue ADs for kinds of aircraft or aeronautical products. This legislative framework ensures that Australia meets its international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for the continuing airworthiness of aircraft with the State of Design and the State of Registry. In the case of the Boeing B737 model aircraft, the United States, as the State of Design, issued AD 2008-17-13. CASA has assessed this directive and issued Australian AD/B737/342, which will take effect on 5 November 2008, ensuring compliance with international safety standards. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as they are in response to international obligations and directives from the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specified types of aircraft or aeronautical products under regulation 39.001. Such directives are considered legislative instruments as per the Legislative Instruments Act 2003. The Act and its regulations apply to all aircraft registered in Australia, regardless of their location, thereby ensuring that the continuing airworthiness of these aircraft aligns with international standards set by the International Civil Aviation Organization (ICAO). The issuance of these directives is in response to the State of Design’s obligations under Annex 8 of the Convention on International Civil Aviation, meaning that CASA, as Australia's national airworthiness authority, must act upon directives from the relevant State of Design, such as the US Federal Aviation Administration (FAA) in the case of Boeing B737 model aircraft. This legislative framework does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is implemented by CASA officials in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These regulations include the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as specified in subregulation 39.001(5), is a disallowable instrument and thus a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions are multi-faceted. The State of Design, such as the USA for Boeing B737 model aircraft, must provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which in the case of Australia is CASA, has the duty to evaluate this information and, if necessary, issue corresponding ADs for Australian-registered aircraft. For example, when the US Federal Aviation Administration (FAA) issued AD 2008-17-13, CASA assessed the directive and subsequently issued Australian AD/B737/342 to ensure compliance with international standards and maintain safety.
Failure to comply with the mandates set forth in these airworthiness directives can lead to severe consequences. While the Civil Aviation Act 1988 does not explicitly detail specific offences or penalties related to non-compliance with ADs, it is implied that non-compliance could result in civil or criminal penalties. CASA has the authority to enforce compliance and can take action against entities or individuals that fail to adhere to the directives. The exact nature of these penalties is not specified in the provided text but could range from fines to more severe sanctions depending on the severity and frequency of the breach.
It is also important to note that the issuance of ADs does not necessitate public consultation due to their alignment with international obligations under the Convention on International Civil Aviation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for their issuance. The ADs are issued by CASA in accordance with the provisions of the Act, ensuring that they are both legally sound and effective in maintaining the safety and airworthiness of aircraft within Australian jurisdiction.