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 2009-09-06 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/B737/355, which will become effective on 2 July 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety, operations, and regulation. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, thereby fulfilling Australia's obligations under international conventions such as the Convention on International Civil Aviation. One significant aspect of the Act is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These directives are crucial for maintaining safety standards in line with international obligations and practices. The Act was introduced to address the need for a cohesive and legally robust framework governing civil aviation in Australia, ensuring compliance with international safety standards and domestic regulatory requirements.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) can be issued in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The issuing of ADs is aligned with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, is then tasked with ensuring the continuing airworthiness of individual aircraft by adopting requirements from these ADs. In the instance of the Boeing B737 model, the AD issued by CASA, AD/B737/355, reflects the AD issued by the US Federal Aviation Administration (FAA) and will become effective on 2 July 2009. Given the international nature of this directive, no public consultation was undertaken, and it has been determined that a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs serve as the primary means of conveying information about the continuing airworthiness of aircraft types, and they are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations imposed by these ADs are significant and multifaceted. The State of Design, which is responsible for the initial design and type certification of the aircraft, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft registered within their jurisdiction. In the event that a State of Design issues an AD, such as the one issued by the US Federal Aviation Administration (FAA) concerning Boeing B737 model aircraft, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the ADs can lead to serious consequences. Civil Aviation Regulations 1998 detail the potential civil and criminal penalties for non-compliance. Such penalties may include fines and imprisonment, underscoring the importance of adherence to the ADs. The issuing of an AD like AD/B737/355 by CASA on 2 July 2009, which is in response to FAA’s AD 2009-09-06, is a direct result of Australia's obligations under the Convention on International Civil Aviation. Given that these ADs are in response to international obligations and requirements, they do not necessitate public consultation or a Regulatory Impact Statement.
The AD in question was formulated by the Manager, Airframes & Structures in the Airworthiness Engineering Group, acting on behalf of CASA and in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative and regulatory framework ensures that all stakeholders, including aircraft manufacturers, operators, and regulatory bodies, are aligned in their efforts to maintain the highest standards of aviation safety.