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 2005-22-06 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/338, which will become effective on 16 February 2006.
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 framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety standards and procedures to govern air navigation within Australian airspace. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives, which are critical for maintaining the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products, ensuring that they meet the required safety standards. The Civil Aviation Act 1988 thus serves to ensure that Australian civil aviation practices align with international safety standards, particularly through the implementation of airworthiness directives issued by states of design and adopted by Australia’s national airworthiness authority, CASA.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to maintain the safety standards of aircraft in Australia. The ADs serve to mandate requirements for the continuing airworthiness of aircraft, in compliance with international obligations under the Convention on International Civil Aviation, specifically Annex 8. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must adopt or develop the necessary requirements to ensure these standards are met. This process is exemplified by CASA's assessment and subsequent issuance of Australian AD/B747/338, in response to the US Federal Aviation Administration's AD 2005-22-06 for Boeing 747 model aircraft. This AD, issued without public consultation due to its international compliance basis, will take effect on 16 February 2006, and has been determined by the Office of Regulatory Review not to require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). Under section 98 of the Act (1), the Governor-General can make regulations to safeguard air navigation. Regulation 39.001 of the Regulations (2) allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (3).
The State of Design, the country where the aircraft type is designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to maintain the aircraft's airworthiness. The State of Registry, the country where the individual aircraft is registered, is tasked with ensuring the continuing airworthiness of each aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In the case of AD 2005-22-06 issued by the US Federal Aviation Administration (FAA) for Boeing 747 model aircraft, the USA, as the State of Design, issued the directive. CASA assessed this AD and subsequently issued Australian AD/B747/338, which will take effect on 16 February 2006 (4). Since this AD is a response to an international obligation under the Convention on International Civil Aviation and an AD from the relevant State of Design, no public consultation was required, and a Regulatory Impact Statement was not necessary, as determined by the Office of Regulatory Review.
The AD was 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 (5). The obligations imposed by the Civil Aviation Act and the Regulations include ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Failure to comply with ADs can lead to serious safety risks, and breaches of these regulations may result in civil or criminal penalties, as determined by the relevant authorities. The specific consequences and penalties for non-compliance would be outlined in the relevant sections of the Civil Aviation Act and associated regulations.