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 issued AD 2002-10-11, affecting Boeing 737 series aircraft, in 2002. The United States 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 that the inspections and corrective actions stated in the requirements document are to be followed. The amended AD, AD/B737/6 Amendment 2, will become effective on 2 August 2010. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. Among its provisions, section 98 allows the Governor-General to make regulations in the interests of air navigation safety, which are implemented by the Civil Aviation Safety Authority (CASA). In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. These ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Registry under Annex 8 of the Convention on International Civil Aviation. When the United States Federal Aviation Administration issued AD 2002-10-11 for Boeing 737 series aircraft, CASA amended the corresponding Australian AD to align with the U.S. directive, ensuring consistency and safety standards are met without public consultation due to international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory framework applies to all aircraft registered within Australia, as well as to entities involved in the maintenance, operation, and design of these aircraft. The scope of the ADs extends to mandating specific requirements to maintain the continuing airworthiness of aircraft, as per the obligations under the Convention on International Civil Aviation and the specific responsibilities of the State of Registry. This legislative instrument, classified as a disallowable instrument, is subject to the provisions of the Legislative Instruments Act 2003. Notably, the ADs are issued in response to directives from the State of Design and do not require public consultation or a Regulatory Impact Statement, given their international obligations and specific regulatory nature. The ADs are made by authorised personnel within CASA, ensuring that they adhere to the statutory requirements outlined in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This power is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for the Act’s purposes and the safety of air navigation. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are significant and primarily revolve around ensuring the continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft continue to meet safety standards internationally and domestically.
Failure to comply with these airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of airworthiness requirements can result in various civil and criminal penalties. For example, operating an aircraft that does not comply with an AD can lead to enforcement actions, including fines and potential grounding of the aircraft. The exact penalties depend on the severity and frequency of the non-compliance but can be substantial. Additionally, if non-compliance leads to an accident or incident, the consequences can be even more severe, potentially involving criminal charges and significant financial penalties.
The AD in question, AD/B737/6 Amendment 2, is a direct response to a United States Federal Aviation Administration (FAA) AD issued in 2002, affecting Boeing 737 series aircraft. Given the international obligations under the Convention on International Civil Aviation, and because this AD is a direct response to an AD from the State of Design, there was no public consultation on this AD. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This AD was issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act, ensuring that all necessary regulatory protocols were followed.