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 2006-20-02 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/B747/167, Amendment 2, which will become effective on 23 November 2006. 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 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, enacted by the Australian Parliament, is a comprehensive piece of legislation that governs various aspects of civil aviation in Australia. This Act was introduced to ensure the safety, efficiency, and orderly development of civil aviation in the country. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments that mandate the continuing airworthiness of aircraft, as required under international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to assess and implement ADs issued by the relevant State of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. These directives are legislative instruments, as per subregulation 39.001(5) of the Regulations and section 6 of the Legislative Instruments Act 2003. ADs, mandated by the Convention on International Civil Aviation, are critical for maintaining the continuing airworthiness of aircraft, with the State of Design having primary responsibility for an aircraft type and the State of Registry tasked with ensuring the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by the State of Design and, when necessary, issue corresponding Australian ADs. For instance, CASA issued AD/B747/167, Amendment 2, following an AD from the US Federal Aviation Administration concerning Boeing B747 models. Given the international obligations and the nature of the directive, this AD was issued without public consultation and does not require a Regulatory Impact Statement. The AD is made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. This legislative status ensures that ADs carry the force of law, mandating compliance by relevant parties.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry of aircraft. The State of Design, typically the country where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry must then develop or adopt requirements to ensure that individual aircraft remain airworthy. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is obligated to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Non-compliance with ADs can result in serious legal consequences. Offences and penalties for breaching ADs are outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for non-compliance can include substantial fines and, in some cases, imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the regulations. Civil and criminal liability may also apply, making it imperative for operators and owners of affected aircraft to adhere to the directives issued by CASA. The regulatory framework is designed to ensure that all parties involved in the operation of aircraft take necessary actions to maintain airworthiness and comply with the law.