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 USA FAA has issued AD 90-06-02 affecting Boeing Model 737-100, 737-200 and 737-200C aircraft. USA is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/B737/40, Amendment 2, which will become effective on 13 April 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, enacted by the Commonwealth Parliament, establishes a legal framework for ensuring the safety of civil aviation in Australia. It empowers the Governor-General to make regulations for air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that address issues identified in maintaining the airworthiness of aircraft types and aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation. This legislation fills the gap by formalising the process for the Australian Civil Aviation Safety Authority (CASA) to issue ADs in response to directives from the State of Design, thus upholding the continuing airworthiness of aircraft registered in Australia. The policy objective is to maintain and enhance the safety of air navigation in Australia by aligning with international standards and ensuring rigorous oversight of aircraft safety measures.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, are designed to maintain the continuing airworthiness of aircraft. The State of Registry, which in the case of Australia is CASA, is responsible for ensuring these aircraft meet the necessary safety standards. This obligation is derived from the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design provide information to ensure the airworthiness of aircraft types. Consequently, when the United States Federal Aviation Administration (FAA) issues an AD affecting a type of aircraft registered in Australia, such as the Boeing Model 737-100, 737-200, and 737-200C, CASA must assess and, if appropriate, issue a corresponding Australian AD to enforce the requirements set by the FAA. This process ensures that international safety standards are uniformly applied and adhered to within Australia’s aviation sector.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to enact regulations in the interest of air navigation safety. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs serve as formal mandates to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, both the State of Design and the State of Registry have distinct but interconnected responsibilities. The State of Design, which is the country where the aircraft type was designed, must provide all necessary information to ensure the continuing airworthiness of that aircraft type. This responsibility extends to sharing ADs with other States of Registry, which include countries where individual aircraft are registered. The State of Registry, on the other hand, is responsible for ensuring the ongoing airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by the State of Design, such as the USA for Boeing 737 models, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements domestically.
The obligations imposed by the ADs are clear and stringent, focusing on the safety and airworthiness of aircraft. CASA, as the enforcing authority, must rigorously assess any ADs issued by the State of Design and determine their applicability within Australia. If an AD is deemed necessary, CASA must issue an Australian AD that mandates compliance with the requirements outlined by the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards set forth by international and domestic regulations.
There are specific consequences for non-compliance with ADs. Failure to adhere to the mandates set out in an AD can result in severe penalties. The Civil Aviation Act 1988 and associated regulations outline both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the serious nature of non-compliance with airworthiness directives. The exact penalties can vary based on the severity of the breach and are intended to enforce strict adherence to safety standards within the aviation industry.