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 2008-23-10 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/B747/388, 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, addresses various aspects of civil aviation in Australia, focusing on the safety of air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. This legislative framework ensures Australia's compliance with international standards set by the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, has the responsibility to assess and implement ADs issued by the State of Design, such as the United States for Boeing B747 models, thereby maintaining safety standards across the Australian civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, in the interests of air navigation safety. These directives, which are legislative instruments, ensure that aircraft maintain their airworthiness and comply with safety standards. The ADs are issued by CASA under its authority as Australia's national airworthiness authority, and in response to directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA). For instance, in response to FAA's AD 2008-23-10 affecting Boeing B747 model aircraft, CASA issued Australian AD/B747/388. This process adheres to the obligations of Australia under the Convention on International Civil Aviation and Annex 8, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of aircraft types and must share necessary information with States of Registry. The ADs are applicable to all entities operating aircraft registered in Australia, ensuring that these aircraft meet continuing airworthiness standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at enhancing air navigation 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 types of aircraft or aeronautical products. These directives, as stipulated in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs play a crucial role in maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for this purpose.
The obligations placed on the parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are substantial. The State of Design, such as the United States for Boeing B747 aircraft, must provide all necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which for Australian aircraft is CASA, is tasked with developing or adopting requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft comply with international standards and regulations.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with airworthiness directives. Failure to adhere to an AD can result in significant legal and safety repercussions. Under section 84A(2) of the Civil Aviation Act 1988, CASA can take enforcement actions against aircraft operators who do not comply with ADs. These actions may include grounding the aircraft, imposing fines, or even prosecuting individuals involved in the operation of the non-compliant aircraft. The penalties can be substantial, reflecting the importance of maintaining airworthiness standards to ensure public safety.