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 has issued AD 2008-16-14 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/128, Amendment 3, which will become effective on
17 September 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One of the significant tools provided by this Act is the ability for 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 mandate specific actions to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are crucial for maintaining safety standards in response to identified issues with aircraft types. This mechanism ensures that Australia meets its international obligations and maintains high safety standards within its airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, and are issued by states in response to identified safety issues. In Australia, CASA, as the national airworthiness authority, must evaluate foreign ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The ADs are not subject to public consultation or a Regulatory Impact Statement, given their basis in international obligations and technical safety requirements. This particular AD, affecting Boeing B747 model aircraft, was issued in response to an AD from the US Federal Aviation Administration and will replace the previous Australian AD, becoming effective on 17 September 2008.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) confirms that ADs are legislative instruments under the Acts Interpretation Act 1901. These provisions are aligned with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the States of Registry.
The obligations imposed by these regulations primarily fall on CASA as Australia's national airworthiness authority. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This ensures that the requirements set by the State of Design are mandated in Australia, maintaining the safety and airworthiness of the aircraft. The US Federal Aviation Administration (FAA) has recently issued AD 2008-16-14 for Boeing B747 model aircraft, prompting CASA to issue Australian AD/B747/128, Amendment 3, which will take effect on 17 September 2008. This Australian AD will replace the previous version, reflecting the latest safety requirements.
The ADs, being legislative instruments, come with specific consequences for non-compliance. While the Act and the Regulations do not detail specific offences and penalties in this context, general provisions under civil and criminal law apply. Failure to comply with an AD can result in severe consequences, including fines and imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. The maximum penalties for such breaches are substantial, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation. The absence of a Regulatory Impact Statement for ADs, as determined by the Office of Best Practice Regulation, underscores the urgent and non-discretionary nature of these safety measures.