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 2009-04-16 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/B747/380, Amendment 2, which will become effective on 7 May 2009. 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 & Structures in the Airworthiness Engineering Group, 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 framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations, including the issuing of airworthiness directives, which are critical for maintaining the safety standards of aircraft and aeronautical products. This legislative instrument is designed to address the need for consistent and internationally harmonised airworthiness standards, ensuring that aircraft registered in Australia meet necessary safety requirements. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing these directives, with specific provisions under regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to mandate requirements for particular types of aircraft or aeronautical products. The process of issuing such directives is governed by Australia's obligations under the Convention on International Civil Aviation, and it is carried out by CASA, Australia's national airworthiness authority. This approach ensures that Australia complies with international standards while maintaining the safety and integrity of its aviation sector.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, specifically to ensure 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 certain types of aircraft or aeronautical products. An AD is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901 and is subject to the Legislative Instruments Act 2003. These directives are issued under Australia's obligations under the Convention on International Civil Aviation and are intended to ensure the continuing airworthiness of aircraft, with the State of Design holding primary responsibility for this aspect. CASA, as Australia’s national airworthiness authority, is tasked with assessing foreign ADs and issuing corresponding Australian ADs as necessary. In this instance, CASA has issued AD/B747/380, Amendment 2, in response to an AD from the United States Federal Aviation Administration (FAA) concerning Boeing B747 model aircraft. Given the international context and the nature of ADs, no public consultation or Regulatory Impact Statement is required under the Office of Best Practice Regulation guidelines.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) further defines ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments in accordance with the Legislative Instruments Act 2003. These ADs are integral to ensuring that the continuing airworthiness of aircraft types is maintained in line with international standards, as mandated by Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations on the State of Design and the State of Registry are significant. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide all necessary information to the appropriate States of Registry to maintain this airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if necessary, issue a corresponding AD to enforce the State of Design’s requirements. For instance, CASA has issued Australian AD/B747/380, Amendment 2, following an assessment of the US FAA’s AD 2009-04-16 for Boeing B747 model aircraft, reflecting CASA’s duty under the Convention on International Civil Aviation.
The legislation also outlines the process for issuing ADs and their subsequent requirements. Since ADs are issued due to international obligations and in response to directives from the relevant State of Design, there is no requirement for public consultation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that ADs are issued efficiently and in compliance with international standards.
There are specific offences and penalties associated with breaches of the ADs. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state the penalties for non-compliance with ADs, failure to comply with an AD can lead to severe civil and criminal consequences. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations that are contravened. The maximum penalties are determined by the relevant state or territory legislation and can vary widely. It is imperative for operators and holders of airworthiness certificates to adhere strictly to the ADs to avoid any legal repercussions.