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 Amendment 1, to clarify the wording in requirement 1. The amended AD, AD/B747/392 Amendment 2, will become effective on 25 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 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for stringent safety standards and efficient oversight mechanisms. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the regulatory requirements for ensuring the safety of air navigation. One of the key provisions of these regulations is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs, which are legislative instruments, serve as critical tools for maintaining the continuing airworthiness of aircraft in alignment with international standards set by the International Civil Aviation Organization (ICAO). The objective of these regulations is to ensure that aircraft meet the necessary safety standards to protect the public and promote efficient air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issue of airworthiness directives, apply to aircraft and aeronautical products within Australia, ensuring compliance with international standards of airworthiness and safety. This legislation governs the continuing airworthiness of aircraft, requiring the State of Registry, represented by the Civil Aviation Safety Authority (CASA), to enforce specific requirements to maintain safety standards. CASA, acting under the authority granted by the Civil Aviation Act 1988, issues these directives which mandate compliance with safety regulations. These directives are legislative instruments, subject to disallowance, and are designed to align with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for Boeing 747 series aircraft, issues directives which CASA may adopt or adapt for the Australian context. The application of these directives is national in scope and does not require public consultation if they are requested by industry and aim to alleviate burden. The process of issuing and amending these directives is overseen by the Manager, Continuing Airworthiness in CASA, ensuring that the safety and airworthiness of aircraft operating in Australia are maintained in accordance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations that serve the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is further delineated in subregulation 39.001(5) which stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus categorising them as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In compliance with Annex 8 of the Convention on International Civil Aviation, the State of Design assumes responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the appropriate States of Registry. ADs are the predominant mechanism through which this continuing airworthiness information is disseminated. The State of Registry, on the other hand, is tasked with ensuring the ongoing airworthiness of individual aircraft, a responsibility that involves either developing or adopting requisite regulations. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design’s requirements.
The United States Federal Aviation Administration (FAA) issued AD 2009-09-08 in 2009, affecting Boeing 747 series aircraft, given that the United States is the State of Design for this type. In response to an industry request, CASA has amended the corresponding Australian AD, AD/B747/392 Amendment 1, to refine the wording in requirement 1. This amended AD, AD/B747/392 Amendment 2, will be effective from 25 May 2011, superseding the previous version. CASA did not consult with Australian industry and the public as the amendment aims to reduce industry burden and was specifically requested by a major industry operator. The Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was formulated by the Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch, in accordance with subsection 94(1) of the Civil Aviation Act 1988. This process underscores CASA's commitment to maintaining the highest safety standards in civil aviation by ensuring that airworthiness directives are effectively implemented and enforced.