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 issued AD 2006-10-16 affecting Boeing B747 series aircraft in 2006. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate means of compliance. The amended AD, AD/B747/294 Amendment 2, will become effective on 12 February 2009. 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 acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency and orderly development of civil aviation in the country. The Act provides a comprehensive legal basis for the operation of aircraft and the administration of civil aviation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, detail the specific requirements for ensuring the safety of air navigation, including the processes for issuing airworthiness directives. The Civil Aviation (Airworthiness Directives) Legislative Instrument 2009 (F2009L00083) was introduced to mandate the requirements of the State of Design for a specific type of aircraft registered in Australia, in accordance with international obligations under the Convention on International Civil Aviation. This legislative instrument was made by CASA, as Australia’s national airworthiness authority, under the authority conferred by the Civil Aviation Act 1988, and aims to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to all entities and individuals involved in civil aviation within Australia. This encompasses aircraft operators, manufacturers, maintenance providers, and any other parties subject to the Act's purview. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the provisions of the Legislative Instruments Act 2003. The scope of the ADs is international, as Australia adheres to the obligations under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for continuing airworthiness. The State of Registry, in this case CASA, has the responsibility of ensuring the airworthiness of aircraft registered in Australia, which includes implementing ADs issued by the State of Design or amending them as necessary to suit local conditions. The AD in question, AD/B747/294 Amendment 2, applies to Boeing B747 series aircraft and is an amendment to an existing AD, reflecting Australia's commitment to harmonised international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the Act’s purposes, focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products, and under subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft was designed, holds primary responsibility for ensuring the ongoing airworthiness of the aircraft type. This responsibility includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered. In Australia, CASA, as the national airworthiness authority, must assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations under this legislation are clear. CASA, as the national authority, must review any AD issued by the State of Design for aircraft registered in Australia and, if appropriate, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet international safety standards. For example, following the issuance of AD 2006-10-16 by the US Federal Aviation Administration (FAA) concerning Boeing B747 series aircraft, CASA amended the Australian AD to allow an alternate means of compliance. The amended AD, AD/B747/294 Amendment 2, became effective on 12 February 2009.
Failure to comply with ADs can have significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence and can result in substantial penalties. The maximum penalty for an individual is generally a fine of up to $126,000 or imprisonment for up to five years, or both. For corporations, the penalties are more severe, potentially reaching up to $630,000. Additionally, CASA can take enforcement actions, such as grounding aircraft or imposing other restrictions, to ensure compliance with safety regulations. The seriousness of these penalties underscores the importance of adhering to ADs to maintain the high safety standards required in the aviation industry.