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 ADs 90-06-02, 93-08-04 and 93-17-08, affecting Boeing B737 model aircraft, in the early 1990s. 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 clarify applicability. The amended AD, AD/B737/40 Amendment 3, will become effective on 11 May 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 Parliament of Australia, is designed to ensure the safety and efficiency of civil aviation within Australia. This Act provides the legal framework for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs). These ADs are crucial in maintaining the continuing airworthiness of aircraft and aeronautical products, thereby ensuring the safety of air navigation. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, which are implemented by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. This legislative framework ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of States of Design and States of Registry for the airworthiness of aircraft types. The ADs serve as a key mechanism for disseminating necessary information to maintain the safety standards of aircraft operating in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft within Australian jurisdiction. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, with these directives being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. The Act applies to all aircraft registered in Australia, their manufacturers, operators, and maintenance personnel, and it extends to ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which assigns responsibilities to the State of Design and State of Registry. This regulatory scope ensures that Australian authorities can mandate safety requirements based on directives issued by other countries, thereby maintaining consistent international safety standards. The ADs do not require consultation with the Australian public and do not necessitate a Regulatory Impact Statement as they are in direct response to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, as defined in section 6 of the Legislative Instruments Act 2003. According to the Civil Aviation Act 1988 (section 98), the Governor-General can create these regulations to ensure the safety of air navigation. Annex 8 of the Convention on International Civil Aviation stipulates that the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure this to relevant States of Registry. ADs are a common means of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations under these regulations include CASA, as Australia's national airworthiness authority, assessing the information provided by the State of Design when an AD is issued. If necessary, CASA must issue an Australian AD to enforce the requirements of the State of Design. The State of Registry of an individual aircraft is responsible for its ongoing airworthiness and must develop or adopt requirements to ensure this, in line with Annex 8 of the Convention on International Civil Aviation. For example, in the case of Boeing B737 model aircraft, the US Federal Aviation Administration (FAA) issued several ADs in the early 1990s, with CASA subsequently amending the equivalent Australian AD to clarify applicability.
The Civil Aviation Safety Regulations 1998 do not require consultation with the Australian public for ADs, as they are issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The ADs are 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.
Failure to comply with the requirements of an AD may result in civil and criminal penalties. Under the Civil Aviation Act 1988, an aircraft is considered not airworthy if it does not meet the standards set by the regulations, and operating such an aircraft can result in significant fines and imprisonment. The maximum penalty for contravening the ADs can include fines up to $275,000 for individuals and $1.375 million for corporations, along with potential imprisonment terms. CASA has the authority to enforce these regulations, including the power to ground non-compliant aircraft and prosecute offenders.