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 2007-16-08 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 2, which will become effective on 27 September 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for comprehensive and coordinated aviation safety and security measures. In this context, the Civil Aviation Safety Regulations 1998 were introduced to support the Act by detailing the specific requirements for ensuring the safety of aircraft and aeronautical products, including the issuance of airworthiness directives. The problem or gap addressed by these regulations is the need for consistent and effective measures to maintain the airworthiness of aircraft, aligning with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards. The authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The policy objective is to ensure that the safety and security of Australian civil aviation are upheld through rigorous airworthiness standards, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory action is in the interest of ensuring air safety and is authorised by section 98 of the Civil Aviation Act 1988. An AD is considered a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. These directives, as per Annex 8 to the Convention on International Civil Aviation, are a standard form of continuing airworthiness information issued by ICAO Contracting States, including the United States Federal Aviation Administration (FAA) for the Boeing B747 model aircraft. CASA, as Australia's national airworthiness authority, is obligated to issue corresponding Australian ADs when such directives are issued by the relevant State of Design, in this case the United States, to comply with international civil aviation conventions. The issuance of these directives, however, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This AD, specifically AD/B747/261, Amendment 2, is issued by CASA and will take effect from 27 September 2007, cancelling and replacing previous directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates that such states provide necessary information to States of Registry.
Entities governed by the Act, such as CASA and aircraft operators, have specific obligations under the regulations. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. Aircraft operators, on the other hand, are required to adhere to the directives issued by CASA, ensuring their aircraft meet the specified safety requirements. Failure to comply with these ADs can result in the aircraft being considered unairworthy, leading to potential grounding and legal repercussions.
Breaches of the requirements set forth in the ADs can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance with ADs, non-compliance can result in severe civil and criminal penalties under the broader framework of the Civil Aviation Act 1988. For instance, operating an aircraft that does not comply with an AD could be seen as operating an unairworthy aircraft, which is a serious offence. The penalties for such offences can include substantial fines and imprisonment, reflecting the gravity of compromising aviation safety.