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.
CASA issued AD/B747/269 in respect of Boeing 747-400 series aircraft equipped with General Electric CF6-80C2 engines, as specified in the requirement document. CASA has reviewed this AD and has amended it to notate the acceptance of later revisions of the manufacturer’s service bulletin, (Boeing SB 747-71-2285), which are approved as an AMOC to paragraph (a) of FAA AD 2001-16-07. The amended AD, AD/B747/269 Amdt 1 will become effective on 3 September 2010. This AD cancels and replaces the previous issue.
This amendment represents an alignment with the latest manufacturer’s data with no adverse impact on the original actions specified in the directive. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with Section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to establish a comprehensive legal framework for civil aviation within the country, addressing the need for a unified and effective system to ensure the safety and efficiency of air navigation. This legislation provides the authority for the Civil Aviation Safety Regulations 1998, which further detail the requirements and procedures for maintaining the safety of aircraft and aeronautical products. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interest of air navigation safety, with the Civil Aviation Safety Authority (CASA) being delegated the task of issuing airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective behind these measures is to ensure that all aircraft operating in Australia meet stringent safety standards, thereby protecting the public and maintaining the integrity of the national aviation system.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. The Act allows the Governor-General to make regulations for this purpose, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. These directives are legislative instruments and subject to disallowance. ADs are a common mechanism internationally for maintaining the continuing airworthiness of aircraft, and the State of Registry is responsible for ensuring compliance with these directives. CASA, as Australia's national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. The AD/B747/269 for Boeing 747-400 series aircraft equipped with General Electric CF6-80C2 engines is an example of such a directive, which has been amended to align with the manufacturer's latest data without introducing new safety concerns. The amendment does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that support the Act and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. The ADs are formal documents that mandate compliance with specific safety requirements. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for the State of Design to maintain overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to ensure the aircraft's continuing airworthiness to the appropriate States of Registry. In turn, the State of Registry must establish or adopt requirements to ensure the aircraft's ongoing airworthiness. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must review this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements.
Non-compliance with the requirements outlined in an AD can result in significant consequences. The ADs are legally binding, and failure to adhere to the specified safety requirements can lead to penalties. The severity of these penalties can vary depending on the nature and extent of the non-compliance but may include financial penalties, suspension or revocation of airworthiness certificates, and potential criminal charges for serious breaches. The specific penalties are not detailed in the provided text but would typically be outlined in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.