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 issued AD 88-22-11, affecting Boeing B737 model aircraft, in 1988. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate method of compliance. The amended AD, AD/B737/37 Amendment 1, will become effective on 31 August 2006. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. As part of its mandate, the Governor-General has the authority under section 98 of the Act to make regulations that serve the interests of safety, which is further delegated to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory structure facilitates the issuance of airworthiness directives (ADs), legislative instruments that are instrumental in maintaining the continuing airworthiness of aircraft as required by international standards, such as Annex 8 to the Convention on International Civil Aviation. The ADs are designed to address safety issues identified by the State of Design and are implemented by the State of Registry, with CASA playing a critical role in ensuring compliance with these international obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to all aircraft registered in Australia and those operating within Australian jurisdiction, including aircraft manufactured overseas but registered in Australia. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they serve as a means for CASA to mandate compliance with airworthiness requirements as set out by the State of Design. In the context of the Boeing B737 model aircraft, the ADs are issued in alignment with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design with overall responsibility for continuing airworthiness. CASA’s role as the national airworthiness authority requires it to assess the information from the State of Design and, where necessary, issue corresponding Australian ADs. This process ensures the harmonisation of international standards with Australian regulatory requirements, facilitating the safe operation of aircraft within the Australian airspace.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to ensuring the safety and continuing airworthiness of aircraft as outlined under Annex 8 to the Convention on International Civil Aviation. This regulation is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act's purposes and in the interests of air navigation safety. It is important to note that an AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are primarily on CASA as Australia’s national airworthiness authority. CASA is mandated to assess information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type, and to issue corresponding ADs to ensure compliance. Additionally, the State of Registry of an individual aircraft, which is responsible for the aircraft's continuing airworthiness, must develop or adopt requirements to ensure compliance with these ADs. CASA must also ensure that Australian ADs align with international standards and practices, particularly when responding to ADs issued by other States of Design, such as the United States Federal Aviation Administration (FAA) for Boeing B737 model aircraft.
The regulations do not explicitly outline specific offences or penalties for non-compliance with ADs; however, the overarching Civil Aviation Act 1988 provides a framework within which CASA can enforce compliance. Non-compliance with ADs could potentially lead to enforcement actions under the Civil Aviation Act, including fines and other penalties. While the specific maximum penalties are not detailed in the context provided, they could be significant given the critical nature of airworthiness directives. CASA's enforcement powers are thus crucial in ensuring that all stakeholders adhere to the ADs to maintain the highest safety standards in civil aviation.