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 2009-10-06 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/B747/393, which will become effective on 2 July 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 the regulation and oversight of civil aviation to ensure safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations under section 98, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, established under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft and aeronautical products. The policy objective of these regulations is to align with international standards set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia fulfills its obligations as a State of Registry. This approach requires CASA to assess and, if necessary, issue ADs in response to directives from the State of Design, as seen in the case of AD 2009-10-06 issued by the US Federal Aviation Administration for Boeing B747 model aircraft.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance, and are issued to mandate compliance with safety standards as required by international agreements such as Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs, and Australia, as the State of Registry, is obligated to assess and, if necessary, adopt these directives to maintain safety standards. This particular AD, issued in response to an AD by the US Federal Aviation Administration (FAA) for Boeing B747 model aircraft, was assessed and issued by CASA to become effective on 2 July 2009. Given the international nature of the requirement, no public consultation was deemed necessary, and the AD was issued without a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 operate, allowing the Governor-General to make regulations for the safety of air navigation (s 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as specified in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. This mechanism ensures that the continuing airworthiness of aircraft types is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
Under this Act, the State of Design, which in this case is the United States for the Boeing B747 model, holds overall responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to States of Registry, such as Australia, to ensure the ongoing safety of aircraft. In turn, the State of Registry, represented by CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The issuance of an Australian AD, such as AD/B747/393 in response to the US FAA's AD 2009-10-06, is a direct result of Australia’s obligations under the Convention on International Civil Aviation. Given the international nature and the urgency of the safety issues addressed, no consultation of the Australian public is required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.
For entities governed by these provisions, compliance with ADs is mandatory, and failure to adhere to the stipulated requirements can lead to severe consequences. Non-compliance can result in the grounding of affected aircraft, and in more serious cases, it may lead to criminal charges against both individuals and corporations. Penalties can include substantial fines and imprisonment for corporate entities, with maximum penalties varying based on the severity of the breach. Such measures underscore the importance of adhering to the ADs to maintain the highest standards of aviation safety.