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 2009-04-15 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/B737/353, which will become effective on 2 April 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, addresses the need to ensure the safety and regulation of civil aviation within Australia. This Act provides the legal framework under which the Civil Aviation Safety Regulations 1998 were established, allowing for the creation and enforcement of airworthiness directives (ADs). These regulations, and specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, ensuring that all aircraft meet the necessary safety standards. The objective of these provisions is to safeguard the safety of air navigation and to align Australia's aviation practices with international standards, as set out in the Convention on International Civil Aviation. By issuing ADs, CASA fulfills its duty to maintain the continuing airworthiness of aircraft registered in Australia, thereby protecting public safety and meeting international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, pertain to the safety of air navigation and the continuing airworthiness of aircraft, applying to all aircraft types registered in Australia. This legislation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, ensuring compliance with safety standards. ADs serve as a key mechanism for maintaining airworthiness and are mandated by the State of Design, with CASA implementing corresponding Australian ADs to fulfil international obligations. These directives, which are legislative instruments under Australian law, are issued without public consultation as they respond to international obligations and are not subject to regulatory impact assessments. The issuance of these directives is executed by CASA, under the authority granted by the Civil Aviation Act 1988, and involves specific individuals within CASA's Airframes & Structures department, who are responsible for ensuring the safety and compliance of aircraft in accordance with international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are made in accordance with section 6 of the Legislative Instruments Act 2003. ADs play a critical role in ensuring the continuing airworthiness of aircraft, as 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, has the primary responsibility for the airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing these ADs and issuing Australian ADs as needed to comply with international obligations.
In fulfilling its obligations, CASA must ensure that any AD issued by the State of Design is assessed for its applicability to aircraft registered in Australia. If deemed necessary, CASA issues its own ADs to mandate the requirements set out by the State of Design. For example, following the issuance of AD 2009-04-15 by the US Federal Aviation Administration (FAA) for Boeing B737 aircraft, CASA has issued Australian AD/B737/353, which will become effective on 2 April 2009. This process is conducted to maintain the safety standards required under the Civil Aviation Act 1988 and the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to take specific actions when an AD is issued by a State of Design. CASA must review and assess the AD to determine its applicability to aircraft registered in Australia. If the AD is deemed necessary, CASA must issue a corresponding Australian AD to ensure compliance with international airworthiness standards. This process ensures that all aircraft registered in Australia meet the necessary safety requirements, thereby maintaining the safety of air navigation as mandated by the Act.
Failure to comply with the ADs issued by CASA can lead to significant legal consequences. Under section 339 of the Civil Aviation Act 1988, an operator who does not comply with an AD can face substantial penalties. The maximum penalty for an individual is a fine of up to $126,000 or imprisonment for up to 5 years, or both. For a body corporate, the maximum penalty is a fine of up to $630,000. These penalties underscore the importance of adhering to the ADs to ensure the safety of air navigation.