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 2009-02-06 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/B737/354, which will become effective on 7 May 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 to regulate the safety of air navigation and the continuing airworthiness of aircraft, was amended and supplemented by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments used to mandate safety measures and ensure compliance with international standards. This legislation was introduced to address the need for standardised safety regulations in line with international aviation standards and to provide CASA with the authority to enforce these measures effectively. The Act and Regulations are overseen by the Australian Parliament, and their primary policy objective is to enhance aviation safety both domestically and internationally by ensuring that all aircraft meet required airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with safety standards as per international obligations under the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia and is enacted to maintain the continuing airworthiness of these aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, with these directives being subject to disallowance under the Acts Interpretation Act 1901 and considered legislative instruments under the Legislative Instruments Act 2003. The scope of the ADs extends to all aircraft on the Australian Register, with CASA acting on directives issued by the aircraft's State of Design to mandate necessary safety requirements. Notably, the application of these regulations does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, reflecting the necessity of swift action in aviation safety matters.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a practical implementation of the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD to ensure compliance with the airworthiness requirements.
In practical terms, the obligations imposed by these regulations require CASA to closely monitor ADs issued by other countries, especially the State of Design. For example, the Federal Aviation Administration (FAA) in the United States issued AD 2009-02-06 concerning Boeing B737 model aircraft. As CASA assessed this directive and determined it necessary, it issued Australian AD/B737/354, which became effective on 7 May 2009. This demonstrates the interconnectedness of international civil aviation safety standards and the need for prompt and accurate compliance by national authorities.
These ADs are issued without public consultation, as they arise from Australia's obligations under international conventions and in response to directives from the relevant State of Design. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process further. The AD is formally made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the ADs are both legally sound and aligned with international safety standards.
Under the Civil Aviation Safety Regulations 1998, any failure to comply with an AD can have significant consequences. Non-compliance may result in the aircraft being deemed unairworthy, leading to potential grounding or other enforcement actions by CASA. Civil penalties for non-compliance can include fines, and in severe cases, criminal charges may be brought against individuals or entities responsible for the non-compliance. The specific penalties vary but can be substantial, reflecting the high stakes involved in maintaining air safety standards. These provisions underscore the critical importance of adhering to airworthiness directives to ensure the safety and integrity of the aviation industry.