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 2009-12-08 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/B747/395, which will become effective on 24 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. This legislation empowers the Governor-General to make regulations in the interest of air navigation safety, a responsibility that has been exercised through the Civil Aviation Safety Regulations 1998. One of the key mechanisms introduced under these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. ADs serve as a crucial tool in international civil aviation, allowing states to communicate necessary safety measures, with the State of Design typically issuing directives that the State of Registry must then implement or adapt for their own jurisdiction. In the case of Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, tasked with assessing and issuing ADs for aircraft registered in Australia in line with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, enables the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations specifically empower CASA to issue ADs for particular types of aircraft or aeronautical products, thereby mandating safety requirements and standards in line with international conventions and obligations. The ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Geographically, the application of these directives extends to all aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. Under this international framework, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure compliance with these standards domestically. In the instance of AD 2009-12-08 issued by the US Federal Aviation Administration (FAA) for Boeing B747 models, CASA has assessed and subsequently issued Australian AD/B747/395, reflecting Australia's commitment to international safety standards. The process for issuing such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. These regulations ensure that CASA can mandate necessary safety measures for aircraft registered in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation.
The obligations imposed by these provisions on CASA and other entities are significant. CASA, as Australia’s national airworthiness authority, must carefully assess any AD issued by a State of Design, such as the United States in the case of the Boeing B747 model. When an AD is issued by a State of Design, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process ensures that all aircraft registered in Australia meet international safety standards and are maintained in a safe and airworthy condition. The State of Registry is also responsible for ensuring the continuing airworthiness of each individual aircraft, developing or adopting appropriate requirements as necessary.
The regulations also outline the consequences for non-compliance with ADs. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state specific offences or penalties for failing to comply with ADs, non-compliance can lead to severe civil and criminal consequences. Non-compliance with ADs can result in the grounding of aircraft, which can severely impact operations and potentially endanger lives. Furthermore, operators and owners of non-compliant aircraft may face legal action, fines, and other penalties as prescribed by relevant aviation regulations and laws. The gravity of these consequences underscores the importance of adhering to ADs to maintain the highest safety standards in aviation.
The process of issuing ADs, particularly when they are mandated by international agreements like the Convention on International Civil Aviation, often means that no public consultation is required. This is because ADs are typically issued in response to urgent safety concerns identified by the State of Design. In such cases, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This streamlined process ensures that necessary safety measures can be implemented promptly without unnecessary delays. Finally, ADs are made by authorised personnel within CASA, such as the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988, ensuring that directives are issued with proper authority and oversight.