CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-10-18 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/198, Amendment 1, which will become effective on 4 August 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to regulate civil aviation and ensure the safety of air navigation. The Act provides the framework for the Civil Aviation Safety Regulations 1998, which detail various aspects of airworthiness, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments made under section 98 of the Civil Aviation Act 1988, and are critical in maintaining the continuing airworthiness of aircraft types registered in Australia. The ADs are issued in response to international obligations under the Convention on International Civil Aviation and are designed to ensure that aircraft meet specific safety standards as mandated by the relevant State of Design. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, assesses and issues these directives to comply with international standards and obligations.
Scope and Application
The Civil Aviation Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations in the interest of air navigation safety, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are designed to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to all aircraft registered in Australia, mandating CASA to issue Australian ADs when corresponding directives are issued by the State of Design. For instance, CASA issued AD/B747/198, Amendment 1, in response to the U.S. Federal Aviation Administration’s AD 2005-10-18 for Boeing 747 aircraft, reflecting Australia's commitment to international aviation safety standards. Given that these directives are made in response to international obligations and do not require public consultation or a Regulatory Impact Statement, they are enacted by CASA to maintain the safety and airworthiness of aircraft within Australia.
Key Provisions
The key provisions of this piece of legislation focus primarily on the issuance and enforcement of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. According to section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Specifically, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument according to the Legislative Instruments Act 2003.
The obligations imposed by these provisions are twofold. Firstly, the State of Design of an aircraft type, which in this case is the United States for Boeing 747 models, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. Secondly, the State of Registry, in this instance Australia, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must review any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements.
Failure to comply with the requirements set out in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The specific penalties for such offences are not detailed in the provided text, but they generally include fines and imprisonment. Additionally, non-compliance can result in civil penalties, such as the suspension or revocation of an aircraft’s certificate of airworthiness. The maximum penalties for these civil infractions are not specified in the excerpt but are detailed elsewhere in the Civil Aviation Act 1988 and associated regulations.