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 2007-25-19 affecting Boeing 747 series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/370 which will become effective on 13 March 2008.
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, Systems 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 in Australia, with a strong emphasis on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are critical for maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. In line with Australia's obligations under this international convention, the Civil Aviation Safety Authority (CASA) issues ADs to ensure compliance with safety standards set by the State of Design, which, in the case of Boeing 747 series aircraft, is the United States. CASA's role includes assessing and issuing Australian ADs based on the information provided by the State of Design, thereby fulfilling its mandate under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001, with ADs being classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The ADs are instrumental in ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess information from the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. For example, in response to the US Federal Aviation Administration's AD 2007-25-19 for Boeing 747 series aircraft, CASA issued Australian AD/B747/370, which became effective on 13 March 2008. Given that these ADs are issued in compliance with international obligations and in response to directives from the relevant State of Design, there is no requirement for public consultation or a Regulatory Impact Statement. The issuance of such ADs is conducted by the Manager, Systems in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation safety in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties governed by them include ensuring the continuing airworthiness of aircraft types and individual aircraft. The State of Design, which is responsible for the type design of an aircraft, must provide necessary information to the States of Registry to ensure the continuing airworthiness of the aircraft. For example, if a State of Design like the United States issues an AD for a type of aircraft, the State of Registry in Australia must assess this information and, if appropriate, issue an Australian AD. This ensures compliance with international standards and obligations under the Convention on International Civil Aviation.
In terms of consequences for non-compliance, breaches of ADs can result in significant penalties. Civil penalties can be imposed for failure to comply with ADs, which can include fines and other enforcement actions. The maximum penalty for non-compliance can vary depending on the specific circumstances and severity of the breach, but it can be substantial enough to deter non-compliance with airworthiness directives. Additionally, failure to comply with ADs can lead to operational restrictions or grounding of aircraft, further emphasising the importance of adherence to these directives.
From an international perspective, ADs are a common mechanism used by ICAO Contracting States to maintain airworthiness standards. When an AD is issued by a State of Design, like the US FAA issuing AD 2007-25-19 for Boeing 747 series aircraft, Australia must respond by issuing an equivalent AD. This process ensures that all aircraft registered in Australia comply with international safety standards and helps maintain a consistent approach to airworthiness across different jurisdictions.
The regulatory process for issuing ADs, while stringent, is designed to ensure safety without unnecessary public consultation in certain circumstances. ADs do not require a Regulatory Impact Statement, and CASA issues them based on the need to comply with international obligations and safety standards. The AD is drafted by the Manager, Systems in the Airworthiness Engineering Branch of CASA, ensuring that it is technically sound and legally compliant.