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 United States FAA has issued AD 2006-05-06, affecting Boeing 747 aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD, AD/B747/296 Amendment 1, which will become effective on 8 June 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 establish a comprehensive framework for ensuring the safety and efficiency of civil aviation in Australia. It provides the legislative foundation for the regulation of air navigation and aircraft operations, with a primary focus on safety. One significant aspect of this Act is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs are essential tools for maintaining safety standards and are issued in response to international obligations, particularly under the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with CASA issuing ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework ensures that Australia adheres to international standards and effectively manages the airworthiness of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide for the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. Regulation 39.001 of these regulations authorises CASA to issue ADs for specific types of aircraft or aeronautical products, and subregulation 39.001(5) specifies that such directives are disallowable instruments, thus classifying them as legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and issue corresponding Australian ADs if necessary. For example, in response to the United States FAA's AD 2006-05-06 for Boeing 747 aircraft, CASA issued Australian AD, AD/B747/296 Amendment 1, effective from 8 June 2006. Given that this AD was issued in compliance with Australia's international obligations and in response to an AD from the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement, and the AD was made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office of CASA.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations that ensure the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Such directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as legislative instruments, must adhere to the requirements set out in the Legislative Instruments Act 2003. These ADs serve as a crucial means of maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations placed upon entities by this legislation are significant. The State of Design, in this case, the United States for Boeing 747 aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must then assess the AD issued by the State of Design and determine if an Australian AD is necessary. In this case, CASA has issued Australian AD/B747/296 Amendment 1, which will become effective on 8 June 2006, as a response to the United States AD 2006-05-06. This Australian AD mandates the requirements of the US AD for Boeing 747 aircraft registered in Australia.
Failure to comply with airworthiness directives can result in severe consequences. Under the Civil Aviation Act 1988, operators who do not adhere to ADs may face both civil and criminal penalties. Civil penalties can include fines and other monetary penalties, while criminal penalties may include imprisonment, depending on the severity of the breach and the discretion of the court. The exact penalties for non-compliance are not specified in the provided text but are typically detailed in the relevant regulations or determined by the courts based on the circumstances of the case. Compliance with ADs is crucial to maintaining the safety standards required by international and domestic aviation regulations.