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 2009-09-07 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/B737/356, 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, enacted by the Australian Parliament, serves to ensure the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 outlining the framework for such regulations. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments under the Legislative Instruments Act 2003, and their issuance is governed by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs based on the directives from the State of Design, ensuring compliance with international standards and the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs are legislative instruments under the Legislative Instruments Act 2003, and they form a critical component of the continuing airworthiness of aircraft, in line with the obligations set out in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft has the primary responsibility for the continuing airworthiness, and the State of Registry is responsible for implementing the necessary requirements. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the required safety measures. For instance, in response to the US Federal Aviation Administration’s AD 2009-09-07 affecting Boeing B737 model aircraft, CASA has issued Australian AD/B737/356, which will take effect on 2 July 2009. These ADs are issued in compliance with Australia’s international obligations and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation mandates that the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
These regulations impose specific obligations on CASA, the national airworthiness authority in Australia. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This obligation is particularly pertinent when the AD pertains to aircraft registered in Australia. For instance, CASA issued Australian AD/B737/356 in response to the US FAA's AD 2009-09-07, which affects Boeing B737 model aircraft. Given the international nature of these directives and Australia's obligations under the Convention on International Civil Aviation, CASA is mandated to act swiftly and appropriately.
There are no specific offences or penalties outlined in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 for breaches of ADs. However, failure to comply with an AD can result in severe consequences, including grounding of the aircraft, which in turn can lead to significant financial and operational impacts for the aircraft operator. The primary enforcement mechanism is the potential for CASA to take regulatory action against non-compliant aircraft or operators, which can include fines, suspension of airworthiness certificates, or other administrative penalties. The gravity of these consequences underscores the importance of adhering to airworthiness directives.