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 2006-12-10 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/349, which will become effective on 3 August 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 provide a framework for ensuring the safety of air navigation within Australia. The Act grants the Governor-General the authority to create regulations aimed at enhancing the safety of air navigation, with a specific focus on the issuance of airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the power to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. This regulatory mechanism is integral to Australia's adherence to international standards set by the International Civil Aviation Organization (ICAO) and is crucial for maintaining the safety and reliability of aircraft registered in Australia. The issuance of Australian ADs, such as AD/B747/349 for Boeing B747 model aircraft, is a direct response to ADs issued by the State of Design, in this case the United States, thereby fulfilling Australia’s international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in the interest of ensuring the safety of air navigation. These regulations apply to the issuance of ADs for specific types of aircraft or aeronautical products. A State of Design has the responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of an aircraft type and to provide necessary information to relevant States of Registry. Consequently, when the United States, as the State of Design for the Boeing B747 model aircraft, issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD. The AD is a legislative instrument and is not subject to disallowance by the Australian Parliament. The issuance of this AD is mandated by Australia's international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. This AD is made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Under this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are intended to ensure the continuing safety and airworthiness of the specified aircraft. An AD becomes a legislative instrument under the Acts Interpretation Act 1901 and must be registered as such under the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA, as the national airworthiness authority, and the State of Registry, which in this case is Australia. CASA is required to assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the continuing airworthiness of aircraft registered in Australia complies with international standards and requirements. The State of Registry must implement and enforce the requirements set out in any ADs issued for aircraft within its jurisdiction, ensuring that all necessary actions are taken to maintain the airworthiness of these aircraft.
Failing to comply with an airworthiness directive can result in severe consequences. Civil penalties can be imposed for non-compliance, which may include fines and other monetary penalties. Additionally, in cases of serious non-compliance that result in safety risks, criminal charges may be brought against the responsible parties. The maximum penalties for such offences can be substantial, reflecting the critical importance of adhering to airworthiness directives for public safety. Ensuring compliance with these regulations is therefore crucial for all parties involved, including aircraft operators, manufacturers, and regulatory authorities.