AD/B747/212 Amdt 1 - Modular Avionics Warning Electronic Assembly

Overview

The Civil Aviation Act 1988 was enacted to regulate the operation of aircraft within Australia with a strong emphasis on safety. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation. As part of this mandate, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, reflecting the importance of maintaining airworthiness standards in line with international obligations. This legislation was introduced to address the need for consistent and internationally recognised standards to ensure the safety of aircraft operating within Australian airspace, thereby fulfilling Australia's responsibilities under the Convention on International Civil Aviation. In accordance with these regulations, CASA issued Australian AD/B747/212, Amendment 1, in response to a United States Federal Aviation Administration airworthiness directive concerning Boeing 747-400 series aircraft. This AD, issued on behalf of CASA by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, is mandated by Australia's obligations under the Convention on International Civil Aviation and will become effective on 30 July 2009. The process of issuing this AD did not require public consultation as it directly responds to an international requirement and has been deemed not to necessitate a Regulatory Impact Statement.

Scope and Application

The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. This legislative mechanism applies to all aircraft and aeronautical products on the Australian Register, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority responsible for enforcing these directives. ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, developed or adopted by the State of Registry. In the case of aircraft designed by foreign States, such as the Boeing 747-400 series by the United States, CASA must assess and, if necessary, issue corresponding Australian ADs to align with international standards. These directives do not undergo public consultation or require a Regulatory Impact Statement, given their international obligations under the Convention on International Civil Aviation. The issuance of ADs is a critical tool for CASA to ensure compliance with airworthiness standards and maintain the safety of civil aviation in Australia.

Key Provisions

The Civil Aviation Act 1988, in particular section 98, provides the authority for the Governor-General to create regulations that serve the Act’s objectives, with a particular focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This regulatory framework ensures that all relevant stakeholders are aware of and can comply with the necessary safety standards. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are centred on maintaining the airworthiness of aircraft. The State of Design, in this case the United States, is responsible for the continuing airworthiness of the Boeing 747-400 series aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that the aircraft type can maintain airworthiness. The State of Registry, which in this context is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. The issuance of AD 2001-11-08 by the United States Federal Aviation Administration (FAA) has led to the creation of Australian AD/B747/212, Amendment 1, which will take effect on 30 July 2009. This Australian AD is a direct response to the AD issued by the United States and is intended to ensure that Boeing 747-400 series aircraft registered in Australia meet the necessary safety standards. Given that this AD is issued under Australia’s obligations to the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. In the event of a breach of the airworthiness requirements set forth in the ADs, there may be significant civil or criminal consequences. The specific offences, penalties, and consequences for non-compliance are not detailed in the provided text, but typically, failure to adhere to airworthiness directives can result in severe penalties, including fines and potential criminal charges. The exact penalties would depend on the nature and severity of the breach, as well as relevant aviation safety regulations and laws.