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 United States FAA has issued AD 2006-06-11 affecting Boeing 747 aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/B747/343 which will become effective on 8 June 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation activities within Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to create regulations that align with the objectives of the Act, particularly in safeguarding the safety of air navigation. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft and are issued in response to international obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that aircraft operating within Australia meet the necessary safety standards, thereby protecting public safety and conforming to international aviation safety protocols.
Scope and Application
The Civil Aviation (Airworthiness Directives) Regulations 2006 apply to the issuance of airworthiness directives (ADs) concerning aircraft and aeronautical products within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments, in order to ensure the safety of air navigation. ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, and they are issued by the State of Design of an aircraft type. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The regulations do not mandate public consultation or require a Regulatory Impact Statement for the issuance of ADs, as they are issued in response to international obligations and the directives of the relevant State of Design.
Key Provisions
The main operative sections of this legislation revolve around the authority and process for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 grants the Governor-General the power to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument, meaning it is subject to parliamentary scrutiny, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties involved primarily pertain to the dissemination and implementation of airworthiness information. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
In terms of breaches and consequences, the legislation does not explicitly detail offences, penalties, or specific consequences for non-compliance with the ADs. However, as ADs are legislative instruments, non-compliance could lead to civil or criminal penalties depending on the severity of the breach and the specific circumstances. The exact penalties would be determined by the courts based on the relevant aviation and safety laws in place. The primary focus of the legislation is ensuring safety and compliance rather than detailing punitive measures.
Given the international nature of aviation and the obligations under the Convention on International Civil Aviation, the process of issuing ADs is streamlined to ensure timely and effective enforcement of safety standards. The legislative framework aims to harmonise with international practices and ensures that safety directives are issued and implemented without unnecessary delay, thus safeguarding the public and maintaining high safety standards in air navigation.