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 2008-18-07, affecting Boeing B747 aircraft, in 2008. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct the serial number range in the applicability section. The amended AD, AD/B747/384 Amendment 1, will become effective on 12 November 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 & 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, enacted by the Australian Parliament, aims to regulate civil aviation in Australia with a focus on safety, efficiency, and economic viability. To achieve this, the Act empowers the Governor-General to make regulations, including issuing airworthiness directives to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further support these objectives by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). This approach aligns with the responsibilities of the State of Design and the State of Registry under ICAO's Annex 8, which mandates that states cooperate to maintain the airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to regulation 39.001. This legislative framework is integral to ensuring the safety of air navigation in Australia, and the ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The application of ADs is guided by the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry maintains responsibility for the individual aircraft's airworthiness. Consequently, when an AD is issued by a State of Design, such as the US FAA's AD 2008-18-07 for Boeing B747 aircraft, CASA, as Australia's national airworthiness authority, is mandated to review and, if necessary, issue a corresponding Australian AD. This process was exemplified in the amendment of AD/B747/384 Amendment 1, correcting the serial number range to align with the US FAA's directive, effective from 12 November 2008. The issuing of such ADs is directly linked to Australia's international obligations and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, specifically focusing on safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are subject to disallowance as per section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, an airworthiness directive is a formal and binding requirement issued by CASA to ensure the continuing airworthiness of aircraft. These directives are essential for maintaining safety standards and must be complied with by aircraft operators. The State of Design, which is the country where the aircraft type was designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design must provide all necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry, which includes Australia.
The obligations imposed by these regulations on the parties include ensuring compliance with the issued ADs. CASA, as the national airworthiness authority, must assess information provided by the State of Design and issue appropriate ADs to mandate the requirements. Aircraft operators, in turn, must adhere to the ADs issued by CASA, ensuring their aircraft meet the specified safety standards. Failure to comply with these ADs can lead to severe consequences, including potential grounding of aircraft and enforcement actions by CASA.
Breaches of the ADs can result in both civil and criminal consequences. Under section 13 of the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in fines and imprisonment. The maximum penalties for non-compliance can include fines of up to $21,000 for individuals and significantly higher fines for corporations, along with potential imprisonment terms. CASA has the authority to enforce compliance through various means, including inspections, audits, and legal actions. Non-compliance not only poses safety risks but can also lead to significant legal repercussions for the involved parties.