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 two ADs addressing the Boeing 747 Structural Modification and Inspection Program, The USA is the State of Design for this type. CASA issued its own ADs to mandate these requirements. As a result of a request from industry, CASA has reviewed these two ADs and has determined that AD/B747/139 is superseded by AD/B747/79 Amendment 2. As a result, CASA has cancelled AD/B747/139. The cancellation will become effective on 24 November 2005. No replacement AD is required, as the original unsafe condition has been corrected by AD/B747/79 Amendment 2.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 was enacted by the Australian Parliament to regulate civil aviation safety within Australia, aiming to address the need for comprehensive oversight and regulation in the interests of public safety and national security. This legislation provides the framework for the Civil Aviation Safety Regulations 1998, which further detail the requirements for aircraft and aeronautical products to maintain airworthiness. One key aspect of these regulations is the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments designed to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs based on directives from the State of Design or in response to identified safety issues. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can mandate safety requirements and maintain compliance with international obligations, ultimately aiming to safeguard the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to all aircraft and aeronautical products within Australia, ensuring their safety and airworthiness. Under regulation 39.001 of these Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, which are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft. The State of Design for an aircraft type bears the primary responsibility for ensuring the aircraft's airworthiness, providing necessary information to the States of Registry, which includes Australia. CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. In the case of Boeing 747 aircraft, CASA has issued and subsequently cancelled certain ADs based on directives from the United States Federal Aviation Administration, reflecting Australia's commitment to international civil aviation standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are pivotal in ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby categorising them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, the obligations imposed on the parties and entities governed by the Act include a commitment to ensure the continuing airworthiness of aircraft. Specifically, the State of Design has the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry, as stipulated in Annex 8 of the Convention on International Civil Aviation. Conversely, the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority, mandated to assess information from the State of Design and, if necessary, issue Australian ADs to enforce the design state's requirements.
The Act and Regulations also outline consequences for non-compliance. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for breaches, the general framework of Australian aviation law suggests that failure to comply with ADs can lead to significant civil and criminal penalties. Non-compliance with ADs can result in aircraft being deemed unairworthy, leading to grounding and potential enforcement actions. Such actions may include fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive regulatory framework aimed at ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. The obligations on the State of Design, States of Registry, and CASA are clearly defined, with the overarching goal of maintaining the continuing airworthiness of aircraft. Although specific penalties for non-compliance are not detailed in the provided text, the potential for significant legal consequences underscores the importance of adherence to these regulations.