AD/B747/288 Amdt 1 - Vertical Stabiliser and Fuselage Skin Interface

Overview

The Civil Aviation Act 1988 was enacted to establish a regulatory framework that ensures the safety and efficiency of civil aviation in Australia. This Act provides the legislative basis for the regulation of civil aviation safety and the issuance of airworthiness directives, among other things. The Civil Aviation Safety Regulations 1998 further detail the requirements for airworthiness, including the process for issuing airworthiness directives. In accordance with section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives for specific types of aircraft or aeronautical products. The policy objective of these regulations is to ensure that aircraft and aeronautical products meet the necessary safety standards for operation.

Scope and Application

The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. The Act applies to the Civil Aviation Safety Authority (CASA), which is responsible for assessing and issuing ADs for aircraft and aeronautical products registered in Australia. These directives are legislative instruments under Australian law, as they are made under the authority granted by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. The application of ADs is mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types, and requires States of Registry to adopt corresponding measures. Consequently, when an AD is issued by a State of Design, such as the US Federal Aviation Administration for the Boeing B747, CASA must evaluate the directive and, if deemed necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. This process does not require public consultation or a Regulatory Impact Statement, as it is governed by international conventions and existing legislative instruments.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance provisions in the Acts Interpretation Act 1901. Under these provisions, the State of Design—typically the country where the aircraft is designed—holds primary responsibility for the continuing airworthiness of a particular aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft in its jurisdiction. In the event that the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. In the context of international obligations and the responsibilities outlined in the Convention on International Civil Aviation, CASA has assessed an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing B747 model aircraft. The FAA, as the State of Design, issued AD 2009-14-02, which CASA has subsequently assessed and translated into Australian AD/B747/288, Amendment 1. This Australian AD, effective from 24 September 2009, cancels and replaces the previous AD. Given that this AD is issued in response to an AD raised by the relevant State of Design and due to Australia's obligations under the Convention on International Civil Aviation, no public consultation was required. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. Non-compliance with ADs can lead to serious legal consequences. Under section 39 of the Civil Aviation Act 1988, failure to comply with an AD can result in the aircraft being declared unairworthy, leading to the aircraft being grounded. Operators who fail to comply with ADs may also face fines and penalties. The maximum penalty for an individual found guilty of contravening an AD can reach up to $275,000, while corporate entities can face penalties of up to $1.375 million. In severe cases, where the failure to comply with an AD results in an accident or incident, the penalties can be even more stringent, potentially involving imprisonment for individuals and higher fines for corporate entities. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating in Australia.