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 USA issued AD 2011-18-03, affecting Boeing 737 aircraft, in 2011. The USA is the State of Design for this type. This AD introduced a terminating action for CASA AD/B737/347. AD/B737/347 was based on FAA AD 2008-24-51. AD/B737/347 was amended by deleting the original text of the AD and incorporating the original FAA AD by reference. This was done to facilitate easier cross referencing to FAA AD 2011-18-03 Amdt 39-16785 which details the terminating actions for the requirements of this AD.
The amended AD, AD/B737/347 Amendment 1, will become effective on
30 September 2011. 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 Regulatory Review 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 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. Section 98 of this Act empowers the Governor-General to make regulations for the Act's purposes and for the interests of air navigation safety. One such regulation, 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. These ADs serve as a legislative instrument, as specified under the Legislative Instruments Act 2003. In response to international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft, CASA is required to issue ADs that mandate compliance with directives issued by the aircraft's State of Design. This ensures alignment with international standards and facilitates the safe operation of aircraft registered in Australia. The process of issuing such directives is conducted under the authority of CASA, ensuring that Australian aviation practices meet both national and international safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 under the Civil Aviation Act 1988 govern the continuing airworthiness of aircraft registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with safety standards for specific types of aircraft or aeronautical products. The issuance of these ADs is mandated by the international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for continuing airworthiness on the State of Design and requires the State of Registry to implement corresponding measures. In Australia, CASA, as the national airworthiness authority, is responsible for ensuring that Australian-registered aircraft meet these international standards. The ADs issued by CASA are legislative instruments that must comply with the Legislative Instruments Act 2003, and they are issued without public consultation as they are based on international obligations. The ADs are not subject to a Regulatory Impact Statement as determined by the Office of Regulatory Review. This legislation applies to all aircraft registered in Australia, and CASA may issue ADs in response to directives issued by the State of Design, ensuring the safety and compliance of Australian-registered aircraft with international aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as modified by the Civil Aviation Safety Regulations 1998, outline the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and under regulation 39.001, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments, as specified under subregulation 39.001(5) of the Regulations and section 46A of the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design, which must provide necessary information to the States of Registry, including Australia.
The obligations imposed on parties under this legislation include ensuring compliance with ADs issued by CASA. For example, when the State of Design, such as the United States, issues an AD for a specific aircraft type, CASA must assess this information and, if necessary, issue a corresponding AD for Australian-registered aircraft of that type. This process ensures that Australian-registered aircraft meet the same safety standards as internationally recognised types. The State of Registry, in this case, CASA, has the duty to mandate the requirements of the AD to maintain the continuing airworthiness of the aircraft.
Failure to comply with ADs can lead to significant legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the provided text, it is known that breaches of aviation safety regulations can result in substantial penalties. Under Australian law, civil penalties for non-compliance with aviation safety regulations can include fines, and in severe cases, criminal penalties may apply, potentially leading to imprisonment. The exact penalties would depend on the severity of the breach and the specific regulations violated.
In summary, the Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a robust framework for ensuring the safety of air navigation through the issuance and enforcement of ADs. The regulations impose clear obligations on CASA and the State of Registry to maintain airworthiness standards, and non-compliance can result in significant legal repercussions. The legislative process ensures that Australian aviation remains aligned with international safety standards, facilitating safe and efficient air travel.