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 2007-19-16 affecting Boeing 747 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/364, which will become effective on 22 November 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 Acting Manager, Systems and New Technologies 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 Australian Parliament, governs the regulation and safety of civil aviation in Australia. This Act aims to ensure the safety of air navigation and establish a comprehensive framework for the oversight of civil aviation activities within the country. Under this Act, the Civil Aviation Safety Regulations 1998 were also introduced, providing detailed provisions for the implementation of the Act's objectives. Specifically, these regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in alignment with international standards and obligations under the Convention on International Civil Aviation. The introduction of these directives facilitates the dissemination of necessary safety information, ensuring that Australian aircraft meet required safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to ensuring the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. As outlined in subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design has the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the State of Registry, which, in turn, must ensure the aircraft's ongoing airworthiness. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, CASA has issued Australian AD/B747/364 in response to an AD from the United States Federal Aviation Administration concerning Boeing 747 model aircraft. The issuance of this AD is a direct result of Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework for airworthiness directives (ADs) to be issued for the safety of air navigation. Section 98 of the Act allows the Governor-General to create regulations for safety purposes, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Notably, subregulation 39.001(5) clarifies that ADs are disallowable instruments under the Acts Interpretation Act 1901 and, as such, constitute legislative instruments under the Legislative Instruments Act 2003.
The Act and the Regulations impose specific obligations on CASA and other parties involved in aircraft maintenance and safety. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. Annex 8 to the Convention on International Civil Aviation further underscores these responsibilities, mandating that States of Design and States of Registry collaborate to maintain airworthiness.
Failure to comply with ADs can lead to serious consequences, both civil and criminal. While specific offences and penalties are not detailed in the text, the issuance of ADs under the Act and Regulations highlights the importance of adherence to these directives to maintain aviation safety. Non-compliance could potentially result in regulatory action, enforcement measures, or legal proceedings under the applicable aviation laws, underscoring the critical nature of these directives in ensuring the safety of air navigation.
The issuance of ADs, such as the Australian AD/B747/364 in response to the U.S. FAA's AD 2007-19-16, is driven by international obligations and the need to align with global safety standards. This process, as outlined, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is issued by CASA, authorised under subsection 84A(2) of the Act, ensuring that all necessary measures are taken to uphold the safety and airworthiness of aircraft operating within Australian jurisdiction.