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 2008-18-07 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/B747/384, which will become effective on 5 November 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 provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of civil aviation activities. This Act allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility. CASA, as Australia’s national airworthiness authority, is tasked with assessing foreign ADs and, if necessary, issuing corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments as per subregulation 39.001(5) and the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft and aeronautical products, and they are issued in accordance with the Convention on International Civil Aviation. The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, thereby enabling CASA to mandate requirements for aircraft registered in Australia. When an AD is issued by the State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to align with the international requirements. This process ensures compliance with international obligations and the maintenance of safety standards. The issuance of ADs, such as AD/B747/384 in response to the US FAA's AD 2008-18-07, is conducted without public consultation as it pertains to international agreements and is not subject to a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, authorises the Governor-General to make regulations for the Act, focusing on the safety of air navigation. 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, detailed in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case, the United States, holds the overarching responsibility for the continuing airworthiness of the Boeing B747 model aircraft. The State of Design must provide necessary information to ensure the type’s continuing airworthiness. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its registry. Upon receiving an AD from the State of Design, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the State of Design’s requirements on the Australian Register.
The obligations imposed by this legislation on the parties involved include the State of Design’s responsibility to issue ADs and provide necessary information to ensure airworthiness. CASA, as Australia’s national airworthiness authority, must assess the AD from the State of Design and issue an Australian AD if appropriate. The State of Registry must ensure compliance with these directives to maintain the continuing airworthiness of aircraft registered within its jurisdiction.
Any breach of these airworthiness directives can lead to serious consequences. While the specific civil or criminal penalties for non-compliance are not detailed in the provided text, it is implied that failure to adhere to ADs could result in severe regulatory action. Given the critical nature of airworthiness, non-compliance could potentially lead to grounding of aircraft, fines, or other enforcement measures to ensure safety standards are upheld. The seriousness of these consequences underscores the importance of adhering to the ADs issued by CASA and the State of Design.