AD/B747/340 - Fuselage Main Frame - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to provide for the safety of civil aviation within Australia, and the regulation of civil aviation operations. Under this Act, the Civil Aviation Safety Regulations 1998 were made to further ensure the safety of air navigation, among other things. One key aspect of these regulations is the ability to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations mandate that these ADs are issued by the Civil Aviation Safety Authority (CASA) and are considered legislative instruments subject to disallowance. The authority to issue ADs stems from the overarching responsibility of the State of Design to provide necessary information to ensure the airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act empowers CASA to issue ADs when necessary, ensuring compliance with international standards and the safety of air navigation in Australia.

Scope and Application

The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of airworthiness in Australia, including the issuance of airworthiness directives (ADs) under regulation 39.001. This legislation applies to entities and individuals involved in the design, manufacture, and operation of aircraft, as well as regulatory authorities such as the Civil Aviation Safety Authority (CASA). ADs, which are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft types registered in Australia. CASA, as Australia’s national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if appropriate, issue corresponding ADs to mandate these requirements for aircraft registered in Australia. This regulatory mechanism ensures that Australian-registered aircraft meet international safety standards as stipulated under Annex 8 to the Convention on International Civil Aviation. The jurisdictional reach of this Act is national, and its application is subject to international cooperation and compliance with ICAO standards.

Key Provisions

The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, particularly focusing on safety. 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 considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the responsibility to provide necessary information to ensure the aircraft's continuing airworthiness. This is in line with Annex 8 to the Convention on International Civil Aviation. In turn, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. An example of an AD is the CASA issued AD/B747/340, which affects Boeing 747 series aeroplanes. However, this AD was superseded by a newer directive issued by the United States Federal Aviation Administration (FAA) on 17 December 2009. This newer AD, numbered 2010-01-01, has led to the cancellation of AD/B747/340, which will become effective on 16 February 2010. The United States is the state of design for these aircraft, and as such, CASA has assessed the FAA's directive and decided to cancel the previous AD accordingly. It is important to note that no consultation with the Australian public was required for this cancellation, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. This process ensures that the regulations remain current and aligned with international standards, thereby maintaining the highest level of safety in Australian civil aviation.