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 United States FAA has issued AD 2008-13-22 affecting Boeing 747-400 series aeroplanes. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/386, which will become effective on 18 December 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, Systems and New Technologies 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 provide a legislative framework for the safety and efficiency of civil aviation in Australia. In accordance with this Act, the Governor-General can issue regulations to ensure the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives serve as legislative instruments to mandate safety requirements for aircraft. The ADs are issued in response to obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, assesses the ADs issued by the States of Design and, if necessary, issues corresponding Australian ADs. The issuing of ADs under these regulations does not require public consultation, as determined by the Office of Best Practice Regulation, and no Regulatory Impact Statement is required.
Scope and Application
The Civil Aviation Safety Regulations 1998, which were made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are intended to ensure the safety of air navigation. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must comply with these directives, which are often issued in response to airworthiness information provided by the State of Design, such as the United States in the case of Boeing 747-400 series aeroplanes. In such instances, CASA evaluates the foreign AD and may issue an Australian AD to enforce the requirements of the State of Design. As ADs are issued under Australia's obligations to the Convention on International Civil Aviation and do not necessitate a Regulatory Impact Statement, they are not subject to public consultation or extensive regulatory scrutiny. Instead, they are crafted by CASA's Airworthiness Engineering Group, reflecting the authority's role as the national airworthiness regulator.
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). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these regulations are significant. The State of Design, which in this case is the United States for Boeing 747-400 series aeroplanes, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing all necessary information to the appropriate State of Registry to maintain the aircraft's airworthiness. The State of Registry, in this instance CASA, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that all aircraft registered in Australia meet international safety standards.
Failure to comply with the requirements of an AD can result in severe consequences. Section 84A(2) of the Civil Aviation Act 1988 outlines the penalties for non-compliance. If a person fails to comply with an AD, they can be subject to a range of penalties, including fines and imprisonment. The exact penalties depend on the severity of the offence, but they serve as a strong deterrent against non-compliance, ensuring that all stakeholders adhere to the stringent safety standards set by the regulations.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate the issuance of ADs to maintain the safety and airworthiness of aircraft. The State of Design and State of Registry have specific obligations to ensure compliance with these directives. Non-compliance can result in substantial penalties, including fines and imprisonment, underscoring the importance of adhering to these regulations.