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 2008-18-09 affecting Boeing B747 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/B747/391, which will become effective on 7 May 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 Regulatory Review 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 establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the aviation industry. The Act empowers 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 is the issuance of airworthiness directives (ADs), which are legislative instruments created under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs to mandate specific requirements for the continuing airworthiness of aircraft types and aeronautical products registered in Australia. This process is mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. The ADs are issued without public consultation as they are in response to directives from the relevant State of Design and are in compliance with Australia's international commitments.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments that stem from Australia's obligations under the Convention on International Civil Aviation and are designed to maintain the continuing airworthiness of aircraft registered in Australia. The scope of these ADs includes all aircraft and aeronautical products within Australia's jurisdiction, applying to any person or entity involved in the operation, maintenance, or registration of such aircraft. The geographic reach of these regulations is national, applying across all states and territories within Australia. Although the ADs do not require public consultation or a Regulatory Impact Statement, they are issued in response to directives from the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of Boeing B747 series aeroplanes. The application of these ADs can be extended or restricted through subordinate instruments, ensuring that they meet the necessary safety standards and obligations under international aviation conventions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while 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. According to subregulation 39.001(5), an AD is a disallowable instrument and, therefore, a legislative instrument under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties they govern are primarily concerned with the maintenance of airworthiness. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft was designed) has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry (the countries where the aircraft are registered). The State of Registry, such as Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, the State of Registry must assess the information and, if necessary, issue its own AD to mandate the requirements of the State of Design. For example, the United States Federal Aviation Administration (FAA) issued AD 2008-18-09 affecting Boeing B747 series aeroplanes, and CASA issued Australian AD/B747/391 in response.
Failure to comply with airworthiness directives or other safety regulations can result in various civil and criminal consequences. Under the Civil Aviation Act 1988, offences related to non-compliance with airworthiness regulations can lead to penalties, including fines and imprisonment. The exact penalties depend on the severity of the offence and the specific provisions of the Act and other relevant legislation. In addition, operators and owners of aircraft who fail to comply with ADs may face further civil penalties, including the grounding of aircraft or suspension of operations, and may also be subject to enforcement actions by CASA. The Civil Aviation Safety Regulations 1998 outline the specific requirements and procedures for ensuring compliance with airworthiness directives and other safety regulations.