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 2007-19-16 affecting Boeing 747 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and as a result has issued AD/B747/364 which supersedes Australian AD/B747/310. The cancellation of AD/B747/310 will become effective on 22 November 2007.
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, Systems and New Technologies in the Airworthiness Engineering Branch, 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 the regulation of civil aviation in Australia, addressing issues related to the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on enhancing the safety of air navigation. One such regulation is found in the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, as per the obligations under Annex 8 to the Convention on International Civil Aviation. The enactment of this legislation aims to ensure that Australia aligns with international standards for air safety, thereby protecting both domestic and international air traffic.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. In instances where a foreign State of Design, such as the United States, issues an AD affecting a type of aircraft registered in Australia, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process was exemplified by the issuance of AD/B747/364 by CASA in response to the United States FAA’s AD 2007-19-16 for Boeing 747 models. As this AD arises from Australia's international obligations and is a direct response to an AD from the relevant State of Design, there has been no public consultation or requirement for a Regulatory Impact Statement. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the relevant subsections of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation safety in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Safety Regulations empowers CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, serve as crucial tools for ensuring the continuing airworthiness of aircraft.
Under the Civil Aviation Safety Regulations, CASA is mandated to assess any AD issued by the State of Design concerning aircraft types registered in Australia and, if necessary, issue corresponding ADs to enforce the requirements set by the State of Design. For instance, following the issuance of AD 2007-19-16 by the United States FAA concerning Boeing 747 model aircraft, CASA has assessed the directive and subsequently issued AD/B747/364, which supersedes the previous Australian AD/B747/310. The cancellation of the older AD/B747/310 will take effect on 22 November 2007.
The obligations imposed by the Act and the Regulations require CASA to act promptly and ensure compliance with international standards set by ICAO, particularly under Annex 8, which delineates the responsibilities of the State of Design and State of Registry. The State of Design, in this case, the United States, has the responsibility to provide necessary information to maintain the airworthiness of the aircraft type. The State of Registry, which for Australian aircraft is CASA, must then develop or adopt requirements to maintain the airworthiness of the aircraft within its jurisdiction.
Failure to comply with the ADs can result in serious consequences, including potential safety risks to air travel. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is clear that adherence to these directives is critical to maintaining safety standards. Violations could potentially lead to enforcement actions by regulatory authorities, which might include fines, suspension of operations, or other regulatory sanctions. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.