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 2008-23-10, affecting Boeing B747 model 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 provide information on an approved alternate means of compliance to another AD which affects the same parts of the aircraft. The amended AD, AD/B747/388, Amendment 1, will become effective on 2 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is the principal legislation governing civil aviation in Australia. It was introduced to provide a comprehensive legal framework for ensuring the safety, efficiency, and orderly development of civil aviation in the country. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. These ADs are legislative instruments, made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act and in accordance with international standards set by the Convention on International Civil Aviation. The ADs are issued to address safety concerns and to ensure that aircraft remain airworthy, reflecting Australia's commitment to international safety standards and obligations under the Convention.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia, ensuring that the safety of air navigation is maintained. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. In the context of Australian registered aircraft, CASA, as the national airworthiness authority, is required to assess and, if necessary, issue ADs that reflect the requirements of the State of Design. This ensures that Australian aviation standards align with international safety protocols. For example, in response to an AD issued by the United States Federal Aviation Administration (FAA) for Boeing B747 model aircraft, CASA amended the corresponding Australian AD to incorporate an approved alternate means of compliance, as detailed in AD/B747/388, Amendment 1, effective from 2 September 2009. This process 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, particularly in conjunction with the Civil Aviation Safety Regulations 1998, sets out the framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001. This regulatory provision empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs serve as critical tools for maintaining the continuing airworthiness of aircraft, ensuring that they meet safety standards as required by international agreements such as Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 necessitate that CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design. This obligation is crucial for maintaining the safety standards of aircraft registered in Australia, ensuring that any identified safety issues are addressed in accordance with international standards. The State of Registry, in this case, CASA, must ensure that these ADs are effectively implemented and enforced, thereby upholding the continuing airworthiness of aircraft within Australia.
Breaching the requirements set out in an AD can result in significant consequences. Firstly, under section 84A(2) of the Civil Aviation Act 1988, any person who contravenes the terms of an AD can be subject to administrative action. In cases of serious non-compliance, CASA may impose penalties, including fines and other enforcement measures, which can be substantial depending on the severity of the breach. Additionally, persistent or severe non-compliance can result in criminal charges, leading to imprisonment or further civil penalties. It is essential for all parties governed by these regulations to adhere strictly to the issued ADs to avoid these severe repercussions.