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 corrected AD 2007-15-10 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/B747/361, Amendment 1, which will become effective on 22 November 2007. 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 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, enacted by the Commonwealth Parliament, provides a legal framework for ensuring the safety of civil aviation in Australia. One of the key mechanisms within this framework is the issuance of airworthiness directives (ADs), which are regulations made under section 98 of the Act to ensure the safety of air navigation. These ADs, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to mandate specific requirements for the continuing airworthiness of aircraft and aeronautical products. The authority to issue ADs arises from international obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. As the national airworthiness authority, CASA is tasked with assessing and, when necessary, issuing Australian ADs to enforce these requirements for aircraft registered in Australia. This legislative instrument, AD/B747/361, Amendment 1, issued by CASA on behalf of the Minister for Infrastructure and Transport, reflects Australia's commitment to international safety standards and ensures the safe operation of Boeing B747 aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which were made under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, which are legislative instruments, are intended to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, such as the AD 2007-15-10 from the US Federal Aviation Administration (FAA) for Boeing B747 model aircraft, CASA is obligated to assess this information and issue a corresponding Australian AD if appropriate. This process is conducted without public consultation and does not require a Regulatory Impact Statement. The ADs are issued by CASA, acting on behalf of the Australian government, and are aimed at maintaining the safety standards of aircraft registered in Australia.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to airworthiness directives (ADs) are sections 39.001 and 39.001(5), which empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments and must be assessed and, if appropriate, mandated by CASA when issued by the State of Design. The ADs are designed to ensure the continuing airworthiness of aircraft, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. For instance, following the US Federal Aviation Administration's issuance of AD 2007-15-10 for Boeing B747 model aircraft, CASA issued Australian AD/B747/361, Amendment 1, effective from 22 November 2007.
The obligations imposed by these regulations primarily rest on CASA and the State of Registry. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with the continuing airworthiness requirements. The State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In this context, CASA's role is crucial in bridging the requirements set by the State of Design and the practical implementation within Australia. The State of Registry must also ensure that aircraft remain airworthy, adhering to the ADs and other regulatory requirements.
Breaches of the provisions under these regulations can lead to serious consequences. While specific offences and penalties are not detailed in the text provided, violations of airworthiness directives can result in both civil and criminal penalties under broader civil aviation laws. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the critical nature of ensuring aircraft safety and airworthiness. The legislative framework underscores the importance of compliance with ADs to maintain the safety standards required by international and national aviation regulations.