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 USA FAA has issued AD 2005-14-08 affecting Boeing 747-100, 747-100B, 747-100B SUB, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR and 747SP aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/258 Amendment 1, which will become effective on 13 April 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/New Technologies and Systems, 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 Commonwealth Parliament, establishes the regulatory framework for civil aviation in Australia, ensuring safety and efficiency in the sector. This Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which provide mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs). These directives are legislative instruments that mandate specific requirements for the continued airworthiness of aircraft, reflecting Australia’s commitment to international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives based on assessments of information provided by the aircraft's State of Design, ensuring compliance with safety standards and maintaining the integrity of Australia's aviation safety regime.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework applies to all aircraft registered within Australia, ensuring that they comply with the necessary safety standards. The ADs are integral to the continuing airworthiness of these aircraft, as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs to enforce the required safety measures. This legislation thus applies to aircraft manufacturers, operators, and CASA itself, ensuring that all entities involved in civil aviation within Australia adhere to stringent safety protocols. While ADs are legislative instruments, they are issued without public consultation or a Regulatory Impact Statement, as they are directly responsive to international obligations and safety concerns.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001 respectively). According to section 98, the Governor-General is empowered to create regulations for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments as outlined in the Legislative Instruments Act 2003. Under the Convention on International Civil Aviation, the State of Design, which is responsible for the type of aircraft, must provide information to ensure the continuing airworthiness of the aircraft, and ADs are the primary means of conveying this information. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft and must respond to ADs issued by the State of Design.
The obligations imposed by the Act and Regulations on the parties governed by them include the responsibility of the State of Design to provide information necessary for ensuring the continuing airworthiness of aircraft types and the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, has the duty to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, in response to the USA Federal Aviation Administration’s (FAA) AD 2005-14-08, CASA issued Australian AD/B747/258 Amendment 1, which became effective on 13 April 2006. This AD cancels and replaces the previous issue, thereby ensuring that Australian aircraft meet international safety standards.
The Act and Regulations also set forth consequences for breaches of the ADs. Failure to comply with an AD can result in civil and criminal penalties. Specifically, under section 47 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and is liable for a penalty of up to $202,000 for a corporation and $40,400 for an individual. Additionally, CASA may take enforcement action against a person or entity that fails to comply with an AD, including the imposition of fines, suspension or revocation of certificates, and legal proceedings. It is crucial for all parties governed by the Act and Regulations to adhere to the ADs to ensure the safety of air navigation and compliance with international standards.