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 2006-26-13 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/B747/297, Amendment 1, which will become effective on 15 March 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 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, enacted by the Commonwealth Parliament, establishes the legal framework for civil aviation in Australia, focusing on safety and regulation. The Act empowers the Governor-General to issue regulations under section 98, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are crucial for ensuring the continuing airworthiness of aircraft in line with international obligations under the Convention on International Civil Aviation, particularly concerning the State of Design's responsibility for the aircraft type. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products, reflecting Australia's commitment to maintaining safety standards in alignment with international practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulation operates within the broader framework of the Civil Aviation Act 1988, where the Governor-General has the authority to enact regulations that serve the interests of air navigation safety. The ADs issued under this regulation are considered legislative instruments as per the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft and are aligned with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design, ensuring compliance with international standards and obligations. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, reflecting the necessity for prompt action to maintain safety standards.
Key Provisions
The main operative sections of this legislation pertain to the issuance and enforcement of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the power to issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are considered disallowable instruments, making them legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the relevant parties include the responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, providing necessary information to the appropriate States of Registry. The State of Registry, in this case CASA, is mandated to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. This process ensures compliance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of both the State of Design and the State of Registry.
The consequences of breaching these provisions can be significant. Non-compliance with an AD can lead to serious safety issues, potentially resulting in both civil and criminal penalties. Although specific offences and penalties are not detailed in this particular AD, general provisions in the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide for fines and imprisonment for breaches related to airworthiness directives. The maximum penalties for such breaches can vary, depending on the severity of the non-compliance and the specific regulations violated. The overarching aim of these legal frameworks is to ensure the highest standards of safety in civil aviation.