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 2005-08-01 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/B747/324. The cancellation will become effective on 11 May 2006. No replacement AD is required, as the original unsafe condition has been corrected by AD/B747/46 Amendment 6.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 regulate civil aviation in Australia and to ensure the safety and efficiency of air navigation within the country. This legislation provides the framework under which the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. The objective of these directives is to mandate compliance with safety standards and ensure the continuing airworthiness of aircraft and aeronautical products, as per the requirements set by the State of Design under Annex 8 of the Convention on International Civil Aviation. In response to a United States Federal Aviation Administration (FAA) airworthiness directive concerning Boeing B747 model aircraft, CASA has cancelled an existing Australian airworthiness directive, reflecting Australia’s obligations under international aviation conventions and ensuring alignment with the State of Design's safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and are integral to ensuring the safety of air navigation, as outlined under section 98 of the Civil Aviation Act 1988. ADs are crucial for maintaining the continuing airworthiness of aircraft and are mandated by the State of Design, which has overall responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as Australia, must then adopt or develop requirements to ensure the airworthiness of the aircraft on their register, in compliance with the ADs issued by the State of Design. In the case of the Boeing B747 model aircraft, CASA assessed an AD issued by the US Federal Aviation Administration and subsequently cancelled an existing Australian AD. This action aligns with international obligations and the specific requirements of the State of Design, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is recognised as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. ADs serve as the primary mechanism for communicating continuing airworthiness information as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft type's ongoing airworthiness on the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia's national airworthiness authority, rigorously assess any AD issued by a State of Design concerning aircraft types registered in Australia. This assessment process ensures that CASA can either mandate an Australian AD to align with the requirements of the State of Design or take other appropriate actions to maintain the continuing airworthiness of Australian-registered aircraft. In the specific instance of the US Federal Aviation Administration (FAA) issuing AD 2005-08-01 for Boeing B747 model aircraft, CASA has assessed the directive and decided to cancel Australian AD/B747/324, effective from 11 May 2006, because the unsafe condition has been addressed by AD/B747/46 Amendment 6. This decision underscores the importance of international cooperation in maintaining aviation safety standards.
The Act and its associated regulations also address the legal consequences of non-compliance with airworthiness directives. Failure to adhere to the requirements of an AD could result in civil or criminal penalties. While specific penalties are not detailed in the provided text, it is understood that non-compliance with ADs can lead to significant legal repercussions, as these directives are integral to ensuring the safety and airworthiness of aircraft. CASA’s role in issuing and enforcing ADs is crucial in maintaining compliance and ensuring that all parties adhere to the safety standards mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This rigorous oversight helps to prevent potential safety hazards and maintain the high standards of air navigation safety in Australia.