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 2008-23-09 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/B747/387, which will become effective on 15 January 2009.
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, is the principal statute governing the safety and regulation of civil aviation in Australia. It empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. This legislative framework ensures that civil aviation activities in Australia are conducted with a strong emphasis on safety, meeting both domestic and international standards. The Act is complemented by the Civil Aviation Safety Regulations 1998, which provide further detail and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as legislative instruments to mandate requirements for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The process of issuing such directives often involves coordination with the State of Design, ensuring compliance with international standards and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, which implement 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 to ensure the safety of air navigation. This regulatory framework applies to all aircraft registered in Australia and aligns with the International Civil Aviation Organization's (ICAO) standards. The State of Design, which in the case of Boeing B747 aircraft is the United States, has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must issue necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue corresponding ADs to mandate compliance with the directives issued by the State of Design. The ADs are legislative instruments and can be disallowed under certain conditions. Given the international obligations and the need for prompt action, the process does not involve public consultation or a Regulatory Impact Statement. This AD, which responds to the US Federal Aviation Administration's AD 2008-23-09, will be effective from 15 January 2009, ensuring that Australian-registered Boeing B747 aircraft meet the required safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003.
According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the individual aircraft's continuing airworthiness. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In the case of the US Federal Aviation Administration's (FAA) AD 2008-23-09 affecting Boeing B747 model aircraft, CASA has assessed the directive and issued Australian AD/B747/387, effective from 15 January 2009.
The Act and Regulations impose several obligations on the parties and entities they govern. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to appropriate States of Registry. The State of Registry, in this case, CASA, must assess the AD from the State of Design and, if appropriate, issue an Australian AD. The ADs, as legislative instruments, must be made by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements of an AD can lead to various consequences. Section 39.004 of the Civil Aviation Safety Regulations 1998 states that it is an offence to operate an aircraft in non-compliance with an AD, with a maximum penalty of $30,000 for a natural person and $150,000 for a body corporate. Additionally, section 98A of the Civil Aviation Act 1988 provides that any person who contravenes an AD may be liable for a civil penalty of up to $11,000 for a natural person or $55,000 for a body corporate. Furthermore, non-compliance with an AD may result in the suspension or revocation of an airworthiness certificate, effectively grounding the aircraft until the required actions are taken.