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 2006-12-12 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/B747/261, Amendment 1, which will become effective on 3 August 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 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One significant aspect of this Act is the authority it grants to the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as mandated by international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. The ADs ensure that both the State of Design and the State of Registry of an aircraft meet their respective responsibilities, thereby upholding global safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by 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 authority is exercised to ensure the safety of air navigation, aligning with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for maintaining the airworthiness of aircraft. The ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. CASA, as Australia’s national airworthiness authority, is tasked with evaluating ADs issued by the State of Design and, if deemed necessary, issuing corresponding Australian ADs to enforce these requirements domestically. This process ensures compliance with international standards and facilitates the continuous airworthiness of aircraft registered in Australia. Notably, ADs issued in response to international mandates do not require public consultation or a Regulatory Impact Statement, streamlining the process while maintaining stringent safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are regulatory instruments issued to ensure the ongoing safety and airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make such regulations for the safety of air navigation, and regulation 39.001(5) confirms that ADs are disallowable instruments under the Acts Interpretation Act 1901, thus categorising them as legislative instruments.
The obligations imposed by these regulations require CASA to act when an AD is issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for Boeing B747 aircraft. CASA must assess the foreign AD to determine its applicability and necessity for Australian-registered aircraft. If an Australian AD is deemed necessary, CASA issues its own AD to ensure compliance with international standards and to maintain the continuing airworthiness of the aircraft registered in Australia. This process ensures that Australian aircraft meet the same safety standards as those required by the State of Design.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can involve imprisonment, reflecting the seriousness of neglecting airworthiness requirements. The exact penalties depend on the specific breach and the jurisdiction in which it occurs, but they are designed to enforce adherence to safety standards rigorously.
The issuing of an AD such as AD/B747/261, Amendment 1, reflects Australia’s commitment to international aviation safety standards. The AD was issued without public consultation as it is a direct response to an AD from the US FAA, and it has been determined that such directives do not require a Regulatory Impact Statement. This AD, issued by the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office, is in compliance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that Australian aviation safety regulations align with international obligations and standards.