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 issued 2009-09-08, affecting Boeing 747 series aircraft, in 2009. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD, AD/B747/392, to allow the use of a later revision of the referenced service bulletin, as it is approved by the FAA as an AMOC. The amendment also allows automatic acceptance of FAA approved corrective actions (repairs). The amended AD, AD/B747/392 Amendment 1, will become effective on 20 May 2011. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the amendment alleviates industry burden and it was requested by a large industry operator, that the AD be amended.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations that support the overarching goal of air navigation safety. One such regulation, under section 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 are essential for maintaining the continuing airworthiness of aircraft and are recognised as legislative instruments under the Legislative Instruments Act 2003. The policy objective is to align with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, ensuring that Australian regulations are consistent with global practices in maintaining aircraft safety. CASA, as the national airworthiness authority, plays a critical role in implementing these directives, particularly when foreign States of Design issue ADs that affect aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Boeing 747) Regulations 2011 pertains to the continuing airworthiness of Boeing 747 series aircraft registered in Australia, governed under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority, mandates compliance with airworthiness directives to ensure safety in air navigation. The regulations specifically address amendments to the existing airworthiness directive AD/B747/392, allowing the use of a later revision of a referenced service bulletin and automatic acceptance of corrective actions approved by the Federal Aviation Administration (FAA) of the United States, which is the State of Design for this aircraft type. The amendment alleviates industry burden and was made in response to a request from a significant industry operator. The scope of these regulations is national, applying to all Boeing 747 aircraft registered in Australia, and they do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 provide the regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a legislative instrument (subsection 39.001(5) and section 6 of the Legislative Instruments Act 2003), which can be issued for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. Consequently, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft on its register. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess and potentially implement ADs issued by the State of Design, ensuring that these directives are aligned with Australian aviation safety standards. CASA’s role includes reviewing the technical and safety implications of the ADs, consulting with relevant stakeholders, and ensuring that any amendments to Australian ADs are communicated effectively to the aviation industry. For example, in the case of Boeing 747 series aircraft, CASA amended the Australian AD to incorporate changes requested by industry, reflecting a balance between regulatory oversight and operational efficiency. CASA must also ensure that any amendments to ADs, such as the allowance for a later revision of a referenced service bulletin, are adequately justified and do not compromise safety standards.
Failure to comply with ADs can result in serious safety risks and legal consequences. The Civil Aviation Act 1988 and associated regulations impose strict requirements on aircraft operators and maintenance organisations to adhere to ADs. Non-compliance can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges. The maximum penalties for breaches of these regulations can be significant, reflecting the critical importance of maintaining the airworthiness of aircraft. CASA is empowered to take stringent measures to ensure that all stakeholders comply with ADs, thereby upholding the high standards of aviation safety in Australia.