CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-09-02 affecting Boeing 747 model aircraft. The USA is the State of Design for these type. CASA has assessed this AD and has issued Australian AD/B747/323, Amendment 1, which will become effective on 7 July 2005. 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 Section Head – Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, including the safety and efficiency of air navigation. In line with this purpose, the Civil Aviation (Airworthiness Directives) Instrument 2005 (F2005L01378) was introduced to ensure the continuing airworthiness of aircraft registered in Australia. The problem it addresses is the need for standardised safety measures in response to international aviation standards, particularly when aircraft types are subject to directives by their State of Design. The policy objective is to harmonise Australia's regulatory approach with international civil aviation obligations, particularly under the Convention on International Civil Aviation. The instrument was made by the Civil Aviation Safety Authority (CASA) under the authority delegated by the Civil Aviation Act 1988, and it reflects Australia's commitment to maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, made under the authority of the Civil Aviation Act 1988, provide the legislative framework for issuing airworthiness directives (ADs) concerning the safety of aircraft. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as the national airworthiness authority for Australia, assesses and issues ADs based on directives from the State of Design, ensuring compliance with international standards. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and are deemed necessary for the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations for the Act, with the intent to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the safety and airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the aircraft’s continuing airworthiness. This state must supply any necessary information to the State of Registry to ensure the aircraft remains airworthy. The State of Registry, typically the country where the aircraft is registered, is responsible for implementing and enforcing airworthiness standards. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the context of the Boeing 747 model aircraft, the United States Federal Aviation Administration (FAA) issued AD 2005-09-02. As the US is the State of Design for these aircraft, CASA has evaluated this directive and issued Australian AD/B747/323, Amendment 1, effective from 7 July 2005. This new directive replaces the previous AD. Given that this AD is issued under Australia’s obligations to the Convention on International Civil Aviation and in response to a directive from the relevant State of Design, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement. The AD was prepared by the Section Head – Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaches of airworthiness directives can have severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential criminal or civil penalties. For instance, an operator who fails to comply with an AD may face fines or imprisonment, as outlined in the relevant sections of the Act. The exact penalties depend on the nature and severity of the breach, with potential maximum penalties specified in the legislation. The seriousness of such breaches underscores the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.