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 2008-22-11 affecting aircraft listed in Schedule 1 of this explanatory statement. The United States of America is the State of Design for products fitted under various supplementary type certificates. CASA has assessed this AD and has issued Australian ADs as listed Schedule 1 of this explanatory statement, which will become effective on 15 January 2009.
As these ADs are 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.
These ADs has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
Aircraft | FAA STC | Australian AD |
Boeing Model 727 series aeroplanes | SA62NE, SA392NE, SA530NE | AD/B727/216 |
Boeing Model 727-100 series aeroplanes | SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY |
Boeing Model 727-200 series aeroplanes | SA84NE, SA387NE, SA450NE, SA496NE |
Boeing Model 737-200 series aeroplanes | SA83NE, SA725NE (unless installed with SA725NE-D, Configuration 7), SA1078NE, SA1265EA | AD/B737/350 |
Boeing Model 737-200C series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-300 series aeroplanes | SA500NE, SA542NE, SA553NE, SA714NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-400 series aeroplanes | SA553NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-500 series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7), ST00040NY, ST01337NY |
Boeing Model 737-700 series aeroplanes (increased gross weight) | ST00936NY-D (unless installed with Configuration 3), ST01650NY-D |
Boeing Model 737-800 series aeroplanes | ST01384NY, ST01384NY-D |
Boeing 767-200 series aeroplanes | STC ST00840NY | AD/B767/249 |
Bombardier CL-600-2B19 (Regional Jet Series 100 and 440) | STC ST00365NY, ST00365NY-D (unless installed with Configuration 5). | AD/CL-600/106 |
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to create regulations for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the processes and requirements for maintaining airworthiness, including the issuance of airworthiness directives in response to international obligations and safety concerns. The Civil Aviation Safety Regulations 1998 stipulate that CASA can issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance and review processes.
In line with international obligations under the Convention on International Civil Aviation, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 mandate that CASA issue Australian airworthiness directives in response to directives issued by the State of Design. This ensures that Australian-registered aircraft comply with international safety standards. For instance, in response to the United States Federal Aviation Administration’s AD 2008-22-11, CASA has issued corresponding Australian airworthiness directives for various Boeing and Bombardier aircraft models, which became effective on 15 January 2009. These directives are issued without public consultation due to their international nature and are managed by CASA in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, facilitates the regulation of civil aviation in Australia. Specifically, the Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives are issued in response to international obligations under the Convention on International Civil Aviation and are applicable to aircraft registered in Australia, irrespective of the aircraft's State of Design. The ADs mandate compliance with continuing airworthiness requirements and are legally binding on the aircraft operators and owners. The ADs do not require public consultation or a Regulatory Impact Statement, and they are issued under the authority of CASA in accordance with the legislative framework. The application of these ADs is geographically extensive, covering all aircraft within the Australian Register, thereby ensuring uniform safety standards across the nation.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, and are governed by the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. When a State of Design, such as the United States, issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that all aircraft registered in Australia meet international safety standards.
The obligations imposed by the Act and Regulations on parties and entities include the requirement for CASA to assess any ADs issued by a State of Design and to issue corresponding Australian ADs where appropriate. The State of Registry, which in Australia is CASA, must ensure that all aircraft on the Australian Register comply with the ADs. Additionally, aircraft operators must adhere to the ADs to maintain the airworthiness of their aircraft. This compliance ensures that aircraft continue to meet safety standards as mandated by international and domestic regulations.
There are civil and criminal consequences for non-compliance with ADs. Civil Aviation Order 20.222 outlines the potential civil penalties, including fines up to $199,999 for corporations and $39,999 for individuals, for breaches of ADs. Additionally, under section 156 of the Civil Aviation Act 1988, CASA can take enforcement actions such as grounding non-compliant aircraft or barring operators from conducting flight operations. Criminal penalties may also apply, particularly in cases where non-compliance results in significant safety risks or incidents. These measures are in place to enforce compliance and uphold the highest safety standards in civil aviation.