AD/B747/343 Amdt 1 - Stretched Upper Deck Frame and Tension Tie

Overview

The Civil Aviation Act 1988 was enacted to establish and regulate civil aviation safety in Australia, providing a framework for the safe, efficient, and orderly development of civil aviation. The Act addresses the need for comprehensive regulation to ensure the safety of air navigation and to comply with international standards set by the Convention on International Civil Aviation. The Governor-General has the authority to make regulations under section 98 of the Act, which are intended to promote the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments and must be assessed and, if appropriate, implemented by CASA to ensure compliance with international standards and obligations.

Scope and Application

The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in the interest of maintaining the safety of air navigation. These ADs, which serve as legislative instruments, mandate compliance with airworthiness requirements and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation. The authority to issue ADs is exercised by CASA, acting as Australia's national airworthiness authority, which must assess and, if necessary, enforce ADs issued by the State of Design, such as the United States for Boeing B747 model aircraft. This process ensures that Australian-registered aircraft meet international safety standards, as exemplified by the issuance of AD/B747/343, Amendment 1, which replaces previous directives. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Key Provisions

Under the Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Governor-General has the authority to establish regulations that align with the Act and prioritise the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Notably, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives are instrumental in maintaining the continuing airworthiness of aircraft types. As outlined in Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the ongoing airworthiness of an aircraft type and must furnish any necessary information to the relevant States of Registry. ADs represent the most prevalent means of disseminating such continuing airworthiness information and are issued by most ICAO Contracting States. In turn, the State of Registry for a particular aircraft is tasked with upholding the aircraft’s continuing airworthiness. Pursuant to Annex 8, the State of Registry must establish or adopt requisite requirements to ensure the ongoing airworthiness of aircraft. Consequently, when a State of Design issues an AD concerning a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate the provided information and, if deemed appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design. The United States Federal Aviation Administration (FAA) has issued AD 2007-23-18, which pertains to Boeing B747 model aircraft. As the State of Design for this aircraft type, the US FAA is responsible for the initial issuance of the AD. CASA has subsequently assessed this AD and has issued Australian AD/B747/343, Amendment 1, which will take effect on 17 January 2008. This new AD supersedes and cancels the previous issue. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and in reaction to an AD issued by the relevant State of Design, no consultation with the Australian public has occurred concerning this AD. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD has been promulgated by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Breaches of the airworthiness directives issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in severe consequences. The Act and the Regulations impose stringent obligations on the parties and entities they govern, with non-compliance potentially leading to criminal or civil penalties. For instance, section 96 of the Civil Aviation Act 1988 stipulates that any person who contravenes an AD commits an offence and is liable to a fine of up to 500 penalty units or imprisonment for a term of up to two years, or both, for a single offence. In the case of corporations, the maximum penalty escalates to 2,500 penalty units, reflecting the severity of non-compliance with airworthiness directives. Furthermore, CASA has the authority to take enforcement action against non-compliant entities, which may include grounding affected aircraft, imposing fines, or pursuing legal action to ensure compliance with the ADs.