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/B747/157 specifying inspection of Boeing 747 aeroplanes. AD/B747/157 matched FAA AD 96-03-01 which was issued for the Boeing 747 in the USA, the State of Design of the Boeing 747. In 1996 CASA issued AD/B747/157 Amendment 1. In 1999 AD 96-03-01 was superseded by AD 99-20-09. CASA has reviewed AD 99-20-09 and has decided to amend AD/B747/157 Amendment 1 to match AD 99-20-09. The amendment, AD/B747/157 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the aviation industry. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 being a significant component. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, which are legislative instruments subject to disallowance. The ADs are integral to maintaining the continuing airworthiness of aircraft types, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with issuing these directives to ensure compliance with international obligations and to uphold safety standards within the Australian Register. The authority to issue such directives without public consultation stems from Australia’s commitments under the Convention and the need to respond promptly to directives issued by the aircraft's State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance organisations. Specifically, the Act and Regulations govern the issuance and enforcement of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is authorised to issue ADs in accordance with the regulations, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and requires the State of Registry to ensure individual aircraft meet airworthiness standards. CASA, as the national airworthiness authority, must issue Australian ADs in response to directives from the State of Design, such as the Federal Aviation Administration in the United States for aircraft like the Boeing 747. This AD process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legal 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. Therefore, according to section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments.
The obligations and requirements imposed by these provisions necessitate that the State of Design, typically the country where the aircraft is manufactured, takes overall responsibility for the continuing airworthiness of the aircraft type. This involves providing all necessary information to the States of Registry to ensure the aircraft remains airworthy. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt specific requirements to maintain the airworthiness of the aircraft on their registry. When a State of Design issues an AD, CASA must review the information and, if appropriate, issue an Australian AD that mandates the requirements of the State of Design.
Failure to comply with ADs can lead to severe consequences. Firstly, under regulation 39.007 of the Civil Aviation Safety Regulations 1998, a person must not operate an aircraft that does not comply with an AD unless CASA has given permission. This can lead to enforcement actions against the operator, potentially including fines and other penalties. Additionally, failure to comply with an AD may result in the aircraft being grounded, which can have significant operational and financial implications for the operator. The Civil Aviation Safety Regulations 1998 also provide for penalties, which can include substantial fines for both individuals and corporations, up to the maximum penalties specified by law.
CASA’s role in issuing ADs is governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These regulations ensure that CASA acts in accordance with international standards set by the Convention on International Civil Aviation and national requirements. The ADs issued by CASA are intended to ensure the safety and airworthiness of aircraft operating within Australia. In the case of the AD/B747/157 Amendment 2, CASA has amended the previous AD to match the updated directive issued by the Federal Aviation Administration in the United States, ensuring consistency with international safety standards. The AD was 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, thus ensuring that the AD is legally valid and enforceable.