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 issued AD 2008-10-15, affecting Boeing B747 aircraft, in 2008. The USA is the State of Design for this type. CASA has amended the equivalent Australian AD to correct an oversight in the Applicability section of the AD. The amended AD, AD/B747/380 Amendment 1, will become effective on 31 July 2008. This AD cancels and replaces the previous issue.
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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations under section 98, and in this context, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This Act addresses the need for a cohesive regulatory framework that ensures the safety and airworthiness of aircraft in Australia, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting as the national airworthiness authority, is tasked with the responsibility of issuing these directives to maintain the continuing airworthiness of aircraft registered in Australia, thereby fulfilling Australia's obligations under international conventions and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with a particular focus on the continuing airworthiness of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure that aircraft meet the necessary safety standards as per Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide relevant information to States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the safety requirements. This process ensures that Australian aircraft adhere to international safety standards and that CASA complies with its obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by these provisions are significant for both CASA and the entities they govern. CASA, as the national airworthiness authority, must ensure the continuing airworthiness of aircraft registered in Australia by assessing information from the State of Design and issuing Australian ADs as necessary. The State of Design has a primary responsibility to maintain the airworthiness of an aircraft type and provide necessary information to the State of Registry, which in the case of Australia is CASA. When an AD is issued by the State of Design, CASA must review the information and, if appropriate, issue an equivalent AD to mandate the requirements for Australian-registered aircraft. This ensures that Australian aircraft meet international safety standards.
Failure to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The exact penalties depend on the specific circumstances of the breach and the severity of the non-compliance. It is crucial for aircraft operators and other affected parties to adhere to the ADs to avoid these penalties and ensure the safety of air navigation.