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 2009-12-06 affecting Boeing 737 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/357, which will become effective on
30 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, Systems and New Technologies 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 Parliament of Australia, governs the regulation of civil aviation to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations in the interests of aviation safety, with specific provisions allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are considered legislative instruments, are issued in accordance with international standards and obligations, such as those set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding ADs to mandate the requirements of the State of Design. The issuance of ADs is a critical mechanism for ensuring the safety and airworthiness of aircraft within Australia, reflecting Australia's commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are critical for ensuring the continuing airworthiness of aircraft types as per the obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States for Boeing 737 series aircraft, is responsible for issuing ADs, and CASA, as Australia’s national airworthiness authority, assesses and issues corresponding Australian ADs. The AD in question, AD 2009-12-06 issued by the United States Federal Aviation Administration, has been assessed by CASA and will become effective on 30 July 2009 as Australian AD/B737/357. This directive applies to all Boeing 737 series aircraft registered in Australia and mandates compliance with the specified safety requirements. The issuance of such ADs is pursuant to Australia’s obligations under international conventions, and therefore, public consultation is not required. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are instrumental in maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia's national airworthiness authority, assess any ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs. This ensures that the safety requirements set forth by the State of Design are mandated for aircraft registered in Australia. The process involves a thorough evaluation of the AD by CASA to determine its applicability and necessity for Australian-registered aircraft, thereby upholding international standards and safety protocols.
Failure to comply with an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance may result in civil or criminal penalties. Civil penalties can include fines, while criminal penalties might encompass imprisonment, reflecting the gravity of compromising aviation safety. The specific penalties for breaches are not detailed in the provided text but would typically align with the severity of the safety risk posed by non-compliance.
The issuance of ADs is governed by stringent regulatory frameworks to ensure they are both necessary and effective. CASA's role is pivotal in this process, as it must act on directives from the State of Design without necessarily involving public consultation, given the international obligations under the Convention on International Civil Aviation. This approach is deemed appropriate as ADs pertain to technical safety standards rather than broader public policy issues. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, underscoring their technical nature and the authority CASA exercises in their implementation.