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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B747/378 affecting Boeing 747 series aeroplanes. The United States FAA issued AD 2008-10-06 R1 on 21 December 2009 which supersedes the requirements of AD/B747/378 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 22 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act provides the framework for the regulation of civil aviation in Australia and empowers the Governor-General to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs), which are legislative instruments intended to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations specify that an AD is a disallowable instrument, subject to the provisions of the Acts Interpretation Act 1901. The Civil Aviation Act 1988 and its associated regulations seek to harmonise Australian civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft and aeronautical products registered in Australia, and their objective is to ensure the ongoing airworthiness of these entities. ADs are issued to mandate compliance with safety standards and rectify any identified safety issues. Each AD is a legislative instrument and subject to disallowance procedures, underscoring its regulatory significance. The State of Design, typically the manufacturer's home country, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, must enforce these directives to ensure compliance by all aircraft registered within its jurisdiction. This regulatory approach ensures that safety measures are uniformly implemented across all states and territories, harmonising with international standards set by ICAO. ADs issued by foreign states of design, such as the United States, are assessed by CASA and may be adopted or adapted as Australian ADs, as seen in the case of Boeing 747 series aeroplanes, where CASA issued AD/B747/378, which was subsequently cancelled upon the issuance of a newer directive by the FAA.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically concerning the issuance of airworthiness directives (ADs), are outlined in section 98 of the Act and regulation 39.001 of the Regulations. The Governor-General can make regulations to ensure the safety of air navigation, and under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for certain kinds of aircraft or aeronautical products (s. 98, reg. 39.001). Furthermore, these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments (reg. 39.001(5)). This legal framework ensures that ADs are a formal means of communicating safety-critical information to maintain the airworthiness of aircraft.
The obligations imposed by the Act and the Regulations are primarily on CASA as Australia's national airworthiness authority. When an AD is issued by the State of Design of an aircraft type registered in Australia, CASA is required to assess the information provided and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process is vital for ensuring the continuing airworthiness of aircraft registered in Australia, as per Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Registry for maintaining the airworthiness of individual aircraft (Annex 8). CASA's role is to translate international safety directives into enforceable domestic regulations, ensuring compliance with international standards while maintaining safety within Australian airspace.
In terms of compliance and enforcement, failure to adhere to the requirements of an AD can lead to significant legal consequences. Non-compliance with ADs can result in civil penalties, which may include fines or other sanctions, depending on the severity of the breach. In extreme cases, serious non-compliance might also lead to criminal charges, with potential penalties including imprisonment. The exact penalties are not specified in the provided text, but under Australian law, the consequences for failing to comply with aviation safety regulations can be severe, reflecting the high stakes involved in maintaining the safety of air navigation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a structured framework for the issuance and enforcement of airworthiness directives. CASA's role in translating international safety requirements into enforceable domestic regulations ensures that Australian-registered aircraft meet the necessary safety standards. Non-compliance with ADs can lead to civil or criminal penalties, highlighting the importance of adhering to these safety directives.