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 2007-15-07 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/B747/360, which will become effective on 27 September 2007.
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 Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework to govern the industry. Under the authority granted by section 98 of the Act, the Governor-General may make regulations that serve the interests of the safety of air navigation, with the Civil Aviation Safety Regulations 1998 being a key instrument in this regard. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, with the State of Registry required to enforce these directives. This specific AD, issued in response to an AD from the US Federal Aviation Administration affecting Boeing B747 model aircraft, reflects Australia's adherence to international civil aviation conventions and the necessity for CASA to act promptly to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, mandates that airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This applies to kinds of aircraft or aeronautical products, and these directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness information from the State of Design, with the State of Registry, in this case CASA, responsible for ensuring the airworthiness of aircraft registered in Australia. This legislative framework is in alignment with Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design, and with the State of Registry for individual aircraft. Consequently, when a State of Design issues an AD, such as the one from the US Federal Aviation Administration affecting Boeing B747 model aircraft, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian registered aircraft meet international safety standards, although such directives are issued without public consultation due to their international obligations nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in this piece of legislation, pertain to the authority to issue regulations for the safety of air navigation (section 98) and the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 specifically grants CASA the power to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, hence, a legislative instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred on ensuring the continuing airworthiness of aircraft. The State of Design, in this case, the United States, has the overarching responsibility for the airworthiness of the Boeing B747 aircraft type, as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian registered aircraft meet international standards for airworthiness.
The obligations of the State of Registry, which in this case is Australia, involve developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When CASA issues an Australian AD, such as AD/B747/360, it must mandate compliance with the safety directives issued by the State of Design. This ensures that aircraft registered in Australia meet the necessary safety standards as outlined by international conventions.
Offences, penalties, or consequences for non-compliance with ADs are not explicitly detailed in the provided text. However, generally under aviation legislation, failure to comply with ADs can result in severe civil or criminal penalties, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges. The exact penalties would depend on the severity of the non-compliance and the specific regulatory framework governing aviation safety at the time of the breach.
In conclusion, the legislation underscores the importance of international cooperation in maintaining airworthiness standards and highlights the responsibilities of both the State of Design and the State of Registry in ensuring that aircraft meet necessary safety requirements. The process of issuing ADs, while bypassing public consultation, is grounded in international obligations and ensures that Australian aviation remains compliant with global safety standards.