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 95-12-27, affecting Boeing B747-400 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and issued AD/B747/131 Amendment 1 which will become effective on 30 July 2009. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One of its provisions allows the Governor-General to make regulations under section 98, which include the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process by which ADs can be issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as a mechanism for states to ensure the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
The AD in question, issued by CASA, responds to an airworthiness directive from the United States Federal Aviation Administration concerning Boeing B747-400 model aircraft. Given that the AD originates from the State of Design and aligns with international standards, no public consultation was deemed necessary, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required. This AD, effective from 30 July 2009, was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, serve to mandate necessary safety requirements to maintain the airworthiness of aircraft registered in Australia. The issuance of ADs aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for continuing airworthiness and requires the State of Registry to ensure compliance with such directives. In the case of the Boeing B747-400 model, following the issuance of an AD by the US Federal Aviation Administration (FAA), CASA assessed the information and issued its own AD/B747/131 Amendment 1, effective from 30 July 2009, superseding previous directives. Given the international nature and specific technical requirements of ADs, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (s. 39.001(1)). These directives are intended to maintain or restore airworthiness, and can mandate specific actions or compliance measures (s. 39.001(2)-(4)). Subregulation 39.001(5) clarifies that ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 (s. 46A) and are regulated as such under the Legislative Instruments Act 2003 (s. 6). This legislative framework ensures that ADs are formally recognised instruments that carry the authority of law.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are significant. CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs in response to directives from the State of Design, which is the country where the aircraft was designed. This is to ensure compliance with international standards set by the Convention on International Civil Aviation, particularly those under Annex 8 concerning continuing airworthiness. The State of Registry, which in the case of Australia is CASA, is tasked with implementing and enforcing the ADs to maintain the airworthiness of aircraft registered in Australia. This includes ensuring that all relevant aircraft comply with the ADs issued either domestically or by the State of Design.
Failing to comply with the requirements of an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. Civil penalties can include fines, and in severe cases, aircraft may be grounded or operations prohibited until compliance is achieved. Criminal penalties may also be imposed, which can result in substantial fines or imprisonment, particularly if the non-compliance leads to safety incidents or accidents. The exact penalties depend on the nature and severity of the breach, but they are designed to enforce strict adherence to airworthiness standards.