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 2005-16-10 affecting Boeing Model 747 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/335, which will become effective on 27 October 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 establish a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety standards and procedures in air navigation. This Act empowers the Governor-General to make regulations, including those for airworthiness, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further implement these provisions by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments. These directives are critical in maintaining the continuing airworthiness of aircraft, particularly in response to international standards set by the International Civil Aviation Organization (ICAO). CASA's role is to assess and, when necessary, issue Australian airworthiness directives in alignment with directives issued by the aircraft's State of Design, ensuring compliance with international obligations and Australian safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. ADs, as legislative instruments, are instrumental in maintaining the continuing airworthiness of aircraft types, particularly when issued by the State of Design, such as the United States for Boeing Model 747 aircraft. In the case of Australia, CASA, as the national airworthiness authority, is obliged under international conventions to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. The process for issuing these directives is streamlined and does not require public consultation or a Regulatory Impact Statement, given their technical nature and the international obligations underpinning them. The jurisdictional reach of these ADs is national, affecting all entities operating within Australia’s airspace, and they are integral to ensuring compliance with international aviation safety standards.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to issuing airworthiness directives (ADs) are detailed in sections 98 and 39.001. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901 and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions primarily rest with CASA as Australia's national airworthiness authority. CASA must evaluate information provided by the State of Design regarding the continuing airworthiness of aircraft types. When an AD is issued by the State of Design, CASA is mandated to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards and comply with obligations under the Convention on International Civil Aviation. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also develop or adopt requirements to meet these standards.
Any breaches of the requirements outlined in these regulations can lead to serious consequences. Although the text does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failing to adhere to ADs could result in safety violations, potentially leading to both civil and criminal liabilities. The severity of these penalties would depend on the specific nature and impact of the non-compliance. However, the overarching emphasis is on maintaining the highest standards of airworthiness to ensure public safety.