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, the Civil Aviation Safety Authority (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.
In 1995 CASA issued AD/B747/155 specifying inspection of Boeing 747 aeroplanes. AD/B747/155 matched AD 95-16-02 which was issued for the Boeing 747 in the USA, the State of Design of the Boeing 747. In 2002 CASA issued AD/B747/155 Amendment 1. In 2003 AD 95-16-02 was superseded by AD 2003-20-16. CASA has reviewed AD 2003-20-16 and has decided to amend AD/B747/155 Amendment 1 to match 2003-20-16. The amendment, AD/B747/155 Amendment 2, will become effective on 8 January 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 Best Practice Regulation 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 in Australia and ensure the safety of air navigation, among other objectives. It provides the legislative foundation for the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products in the interests of safety, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Act 1988 was introduced by the Australian Parliament to address the need for comprehensive regulation of civil aviation, ensuring both national and international safety standards are met. The ADs issued under this legislative framework, such as AD/B747/155 Amendment 2, are designed to maintain the continuing airworthiness of aircraft on the Australian Register, aligning with international standards set forth in the Convention on International Civil Aviation.
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. Under section 98 of the Act, the Governor-General is empowered to issue regulations in the interests of air navigation safety, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements. This ensures consistency with international safety standards and obligations. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and requirements set by the State of Design.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory action is taken to ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. Such directives are considered legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Entities governed by the Civil Aviation Act 1988, particularly CASA, are mandated to issue ADs when appropriate, reflecting the requirements and obligations outlined by the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must evaluate the information provided by the State of Design and issue a corresponding AD to ensure the continuing airworthiness of aircraft on the Australian Register. This regulatory framework is designed to maintain consistent airworthiness standards across international borders.
Failing to comply with ADs issued by CASA can result in significant consequences. These may include civil or criminal penalties, as stipulated by the Civil Aviation Act 1988. While the exact penalties are not detailed in the explanatory statement, they can typically range from fines to imprisonment, depending on the severity of the breach and the specific provisions of the Act. It is important for operators and owners of affected aircraft to adhere strictly to the requirements set forth in ADs to avoid these potential penalties.
Under the Legislative Instruments Act 2003, ADs are classified as legislative instruments, meaning they carry the weight of law. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, indicating the streamlined process by which these directives are issued to ensure prompt action in response to safety concerns. ADs are generally issued without public consultation, as they are based on international agreements and obligations under the Convention on International Civil Aviation.