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 United States FAA has issued AD 2005-10-19 affecting Boeing 747 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B747/329, which will become effective on 4 August 2005.
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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation activities in Australia with a focus on safety and airworthiness. This legislation empowers the Governor-General to make regulations in the interests of air navigation safety, including the ability to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 mandate that ADs are legislative instruments and must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this Act is to ensure that civil aviation activities within Australia adhere to safety standards and are compliant with international conventions, such as the Convention on International Civil Aviation. The Civil Aviation (Safety) Regulations 1998 further detail the process for issuing ADs, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international obligations and standards.
Scope and Application
The Civil Aviation Regulations 1998, as an extension of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specified types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to fulfilling international obligations under Annex 8 to the Convention on International Civil Aviation, whereby the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure compliance with the ADs issued by the State of Design. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process is exemplified by the issuance of Australian AD/B747/329 in response to the United States Federal Aviation Administration’s AD 2005-10-19 for Boeing 747 model aircraft. Given the international nature and specific technical requirements of these directives, they are not subject to public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. An AD is defined as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
These ADs are crucial in maintaining the continuing airworthiness of aircraft, a responsibility that ultimately rests with the State of Registry under Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United States for Boeing 747 models, has the primary obligation to provide necessary information to ensure the airworthiness of an aircraft type. When the United States issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD. This ensures that Australian aircraft comply with international safety standards.
The obligations under the Civil Aviation Regulations 1998 require CASA to monitor and respond to ADs issued by the State of Design. In the case of AD 2005-10-19 issued by the United States FAA for Boeing 747 aircraft, CASA assessed the directive and issued Australian AD/B747/329, effective from 4 August 2005. This action underscores the importance of adhering to international obligations and maintaining airworthiness standards. Furthermore, as ADs are issued in response to international requirements and not as a result of domestic policy, they do not necessitate public consultation or a Regulatory Impact Statement, as confirmed by the Office of Regulatory Review.
Failure to comply with an AD can have significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions by CASA, including the possibility of grounding the aircraft, imposing fines, or taking legal action. The severity of penalties can vary depending on the nature and extent of the non-compliance, but they can include substantial financial penalties and, in severe cases, criminal charges against individuals responsible for the oversight of the aircraft. This reinforces the critical nature of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australia.