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 2006-06-10 affecting Boeing B747 model aircraft, in 2006. 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/B747/342 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency and orderly development of civil aviation. In line with this, the Civil Aviation (Airworthiness of Aircraft) Regulations 1998 were made to address the need for maintaining the airworthiness of aircraft, which is a critical aspect of aviation safety. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, a key instrument for ensuring aircraft remain in a condition safe for operation. The authority to issue such directives arises from section 98 of the Act, empowering the Governor-General to make regulations in the interest of air navigation safety. The Australian Government, through CASA, adheres to international standards set by the International Civil Aviation Organization (ICAO), particularly Annex 8, which outlines the responsibilities of States of Design and Registry concerning aircraft airworthiness. This legislative framework ensures that CASA, as the national airworthiness authority, can effectively implement international directives, such as the one issued by the US Federal Aviation Administration for Boeing B747 aircraft, adapting them as necessary to suit Australian conditions and industry feedback.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing safety of air navigation in Australia. These directives are a legislative instrument and are mandated by Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design overall responsibility for the continuing airworthiness of aircraft types. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce these requirements. This legislative mechanism ensures alignment with international safety standards and facilitates coordinated safety measures across jurisdictions. The ADs do not undergo public consultation or require a Regulatory Impact Statement, given their nature as technical safety mandates derived from international agreements. The ADs are issued by authorised CASA personnel in accordance with the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issue of airworthiness directives (ADs) are significant for ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of air navigation safety. 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. The authority to issue these directives is rooted in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, such as the United States for Boeing B747 models, has the overarching responsibility for the continuing airworthiness of aircraft types. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901.
These legislative provisions impose certain obligations on the parties involved. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding ADs to mandate compliance with the safety requirements. The State of Registry of individual aircraft also has a responsibility under Annex 8 to develop or adopt requirements for ensuring the continuing airworthiness of aircraft. Furthermore, the legislative framework requires that any AD issued by CASA be done so by an authorised individual in accordance with the relevant provisions of the Civil Aviation Act 1988.
Breach of the requirements stipulated in these ADs can lead to severe consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline the penalties for non-compliance, but failure to adhere to an AD can be considered an offence under the Civil Aviation Act 1988. Such non-compliance may result in enforcement actions by CASA, which can include fines, suspension of airworthiness certificates, and other regulatory measures. The specific penalties are not stated in the provided text, but they are typically determined based on the severity of the non-compliance and the risk posed to aviation safety.