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 FAA has issued AD 2005-15-08 affecting Boeing Model 747-100, -200, -300, and -400 series aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/332, which will become effective on 29 September 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 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, which include the issuance of airworthiness directives (ADs) to address safety concerns. The Civil Aviation Safety Regulations 1998 further specify that CASA can issue ADs for types of aircraft or aeronautical products. The Act and its regulations are designed to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of aircraft types on the State of Design, with the State of Registry ensuring the airworthiness of individual aircraft. This legislative framework allows CASA to issue Australian ADs in response to directives from the relevant State of Design, thereby fulfilling Australia's international obligations and maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia and provides the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This legislation applies to aircraft registered in Australia and their operators, ensuring compliance with airworthiness standards set by CASA. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. CASA, as Australia's national airworthiness authority, must issue an Australian AD if appropriate, following an AD issued by the State of Design, which in this case is the United States for Boeing 747 series aircraft. The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and States of Registry maintain and communicate information necessary for the continuing airworthiness of aircraft types. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Obligations and requirements under these provisions include the responsibility of the State of Design to maintain the continuing airworthiness of aircraft types, providing necessary information to the States of Registry. States of Registry, including Australia through CASA, are required to develop or adopt measures to ensure the continuing airworthiness of registered aircraft. This involves assessing ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs. CASA's role is to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
In the case of Boeing Model 747-100, -200, -300, and -400 series aircraft, the Federal Aviation Administration (FAA) issued AD 2005-15-08. As the USA is the State of Design, CASA has assessed this directive and issued Australian AD/B747/332, effective from 29 September 2005. Given the international obligations under the Convention on International Civil Aviation, no public consultation was necessary for this AD. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The Manager, Airframes, within CASA’s Manufacturing, Certification and New Technologies Office, issued this directive in accordance with subsection 84A(2) of the Act.
There are significant consequences for non-compliance with these airworthiness directives. The Civil Aviation Safety Regulations 1998 may specify penalties for failure to adhere to the mandated requirements. Under the Civil Aviation Act 1988, non-compliance can lead to criminal charges and potential imprisonment. The maximum penalties may vary depending on the severity of the breach but can include substantial fines and imprisonment terms as prescribed by the Act. Furthermore, operators who fail to comply with airworthiness directives can face operational restrictions or revocation of their aircraft's airworthiness certificate, which would effectively ground the aircraft until compliance is achieved.