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 2007-15-10 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, 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 establish a regulatory framework for civil aviation safety in Australia, addressing the need for a cohesive and effective system to ensure the safety and efficiency of air navigation. This legislation grants the Governor-General the authority to create regulations aimed at enhancing air navigation safety, as outlined in section 98. Furthermore, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments used to mandate specific safety measures for aircraft and aeronautical products. The introduction of these directives is in response to the State of Design's responsibility for the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA's role as the national airworthiness authority involves evaluating directives issued by the design state and, when necessary, issuing corresponding Australian airworthiness directives to enforce these safety requirements. This legislative process ensures that Australia meets its international obligations and maintains high safety standards within its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are considered legislative instruments as per the Legislative Instruments Act 2003. This legislative framework ensures that the safety of air navigation is maintained in alignment with Australia’s obligations under the Convention on International Civil Aviation, particularly through Annex 8 which mandates the State of Design to provide necessary information for the continuing airworthiness of an aircraft type. When such directives are issued by the State of Design, in this case the United States Federal Aviation Administration (FAA) for Boeing B747 model aircraft, CASA is required to assess and, if necessary, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design. This particular AD, AD/B747/361, will be effective from 27 September 2007, following CASA’s evaluation of the FAA's AD 2007-15-10. Notably, no public consultation is required for these ADs as they are not subject to a Regulatory Impact Statement. The AD is issued under the authority of the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type's continuing airworthiness. The ADs are essential tools for disseminating information necessary for ensuring the airworthiness of aircraft types.
The obligations imposed by the Act and Regulations on the parties involved are quite specific. The State of Design, in this case the US Federal Aviation Administration (FAA), must ensure that necessary information is provided to States of Registry, including Australia, to maintain the airworthiness of aircraft types. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. This process ensures that Australian aircraft meet international safety standards, reflecting Australia's commitment to the Convention on International Civil Aviation.
Failure to comply with the requirements of an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 outline various offences and penalties for non-compliance with airworthiness directives. While the specific penalties are not detailed in the provided text, breaches of these regulations can generally lead to both civil and criminal liabilities. Civil penalties may include fines, while criminal penalties can encompass imprisonment, reflecting the severity with which regulatory non-compliance is treated to ensure public safety in air navigation.