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 2008-23-09 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/B737/348, which will become effective on 15 January 2009.
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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is designed to provide a framework for the regulation of civil aviation in Australia, focusing particularly on the safety and efficiency of air navigation. Section 98 of this Act empowers the Governor-General to make regulations for the purposes of the Act, which includes ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on this mandate by granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001. This legislation aims to align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires appropriate States of Registry to implement necessary measures.
In response to the US Federal Aviation Administration (FAA) issuing AD 2008-23-09 for Boeing B737 model aircraft, CASA has issued Australian AD/B737/348, reflecting Australia’s obligations under the Convention on International Civil Aviation. This directive will become effective on 15 January 2009. Given the international nature of this directive and its basis in existing international agreements, no public consultation has been required, and the Office of Best Practice Regulation has determined that it does not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act authorises the Governor-General to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The ADs are legislative instruments, as defined under section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are intended to maintain the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, which in Australia is CASA. The ADs are issued in response to international obligations under the Convention on International Civil Aviation and are often based on directives issued by the State of Design. This means that when a State of Design, such as the US Federal Aviation Administration (FAA), issues an AD for a particular aircraft type registered in Australia, CASA must assess the directive and, if appropriate, issue a corresponding Australian AD to enforce the requirements domestically. This process ensures that Australian aircraft meet international safety standards, and in this instance, CASA has issued Australian AD/B737/348 to implement FAA's AD 2008-23-09 for Boeing B737 model aircraft, effective from 15 January 2009.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations for the Act, primarily to ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The ADs are crucial in maintaining the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to the appropriate States of Registry to ensure the continuing airworthiness of a type of aircraft. In Australia, CASA, as the national airworthiness authority, assesses the information from the State of Design and issues an Australian AD if deemed necessary to mandate the requirements of the State of Design. For example, the US Federal Aviation Administration (FAA) issued AD 2008-23-09 for Boeing B737 model aircraft, which CASA has assessed and subsequently issued as Australian AD/B737/348, effective from 15 January 2009.
Under these provisions, CASA is obligated to evaluate the ADs issued by the State of Design and implement corresponding Australian ADs to ensure the safety and airworthiness of aircraft registered in Australia. The State of Registry is also required to develop or adopt necessary requirements to maintain the continuing airworthiness of the aircraft. The Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, has issued the AD in accordance with subsection 84A(2) of the Act.
In terms of consequences, while the ADs do not require public consultation or a Regulatory Impact Statement, failure to comply with these directives can result in severe penalties. Non-compliance with ADs can lead to grounding of the aircraft, refusal of entry into Australian airspace, and potential civil or criminal charges. The specific penalties for non-compliance are not detailed in the provided text, but they can include substantial fines and imprisonment under relevant aviation legislation.