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 2008-08-25 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/B747/375, which will become effective on 5 June 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, 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 comprehensive legal framework governing civil aviation activities in Australia, with a particular focus on ensuring the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, aligning with the global standards outlined in Annex 8 to the Convention on International Civil Aviation. The Act mandates that the State of Registry for any aircraft registered in Australia must ensure the continuing airworthiness of the aircraft, a responsibility that CASA undertakes as Australia's national airworthiness authority. This legislation is integral in maintaining the safety standards required by international aviation agreements, as exemplified by the issuance of Australian AD/B747/375 in response to the US FAA's AD 2008-08-25 for Boeing B747 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, pursuant to section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments and are essential for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Registry, which in this context is Australia, must ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design, such as the United States for the Boeing B747 model, issues an AD, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD to implement the requirements. ADs are a common form of continuing airworthiness information and are issued by most ICAO Contracting States. In this instance, CASA has issued Australian AD/B747/375 in response to the US FAA's AD 2008-08-25, reflecting Australia's commitment to international aviation safety standards. Given the international nature of such directives and the lack of direct public consultation, no Regulatory Impact Statement is required. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This process is recognised as a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Importantly, an AD is not subject to disallowance, which underscores its statutory importance.
Entities governed by these provisions, including CASA and aircraft operators, bear specific obligations. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to ensure compliance with international airworthiness standards. The State of Registry, which in Australia is CASA, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. Aircraft operators must comply with ADs, ensuring that their aircraft meet the mandated safety standards. This includes following the instructions and timeframes set out in the ADs for corrective actions, maintenance, and inspections.
Breach of ADs carries significant legal consequences. Failure to comply with an AD can result in severe penalties, including fines and imprisonment. Under the Civil Aviation Act 1988, operators who fail to comply with ADs may be subject to fines of up to $165,200 for individuals and $826,000 for corporations. Additionally, CASA can take enforcement actions, such as grounding non-compliant aircraft, which can result in substantial operational disruptions and financial losses for operators. The regulatory framework thus places a high priority on adherence to ADs to safeguard the integrity and safety of air navigation.