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 issued AD 2005-19-09 affecting Boeing B747 series aircraft in 2005. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate means of compliance. The amended AD, AD/B747/336 Amendment 1, will become effective on 12 February 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate the safety and efficiency of civil aviation in Australia, ensuring it aligns with international standards. The Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives, which are critical for maintaining the safety of air navigation. In the context of the Civil Aviation Safety Regulations 1998, regulation 39.001 specifically empowers CASA to issue airworthiness directives concerning particular types of aircraft or aeronautical products, thereby addressing safety issues and ensuring compliance with international obligations. The Act is administered by the Australian Parliament, with the policy objective of upholding the highest standards of aviation safety through effective regulation and oversight.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation and are applicable to any aircraft registered in Australia, as well as to entities and individuals involved in the maintenance, operation, and oversight of these aircraft. The ADs are legislative instruments that mandate compliance and are informed by international standards set out in the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues directives that CASA may adopt or adapt for Australian conditions. In cases where the AD originates from another State of Design, such as the US Federal Aviation Administration (FAA), CASA evaluates the information and issues an Australian AD as necessary. The process does not require public consultation due to the international obligations and the nature of the safety directives. The ADs are exempt from producing a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue these directives is exercised by CASA, ensuring that all applicable entities and individuals adhere to the safety requirements specified within the ADs.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issuance of airworthiness directives (ADs) are set out in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA to evaluate ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for Boeing B747 series aircraft, and determine if an Australian AD is necessary. In this case, CASA amended the existing Australian AD to provide an alternate means of compliance with the safety requirements. The AD must be issued by the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no specific offences, penalties, or consequences outlined in the provided text for non-compliance with ADs. However, failing to comply with airworthiness directives can lead to severe consequences, including the grounding of aircraft, potential accidents, and legal repercussions for both operators and manufacturers. The overarching goal of these regulations is to ensure the continuing airworthiness of aircraft, thereby maintaining the highest safety standards in civil aviation.
Given the international nature of aviation, compliance with ADs is not optional; it is a critical component of ensuring safe and efficient air navigation. The text does not specify particular penalties for non-compliance but implies that the severity of the consequences would be significant, given the potential impact on aviation safety.