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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the Boeing 747 aeroplane by the Federal Aviation Administration in the USA. The USA is the State of Design of the Boeing 747. CASA has identified sixteen USA ADs issued between 1991 and 2007 that were not mandated in Australia but which may be applicable, or may have been applicable in the past, to some of the thirty-three Boeing 747 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these sixteen USA ADs in a new AD called AD/B747/398 State of Design Airworthiness Directives - 1. AD/B747/398 will become effective on 30 July 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, 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 legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further outline the process for issuing ADs, which are legislative instruments made in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of this legislation is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia's obligations under the Convention on International Civil Aviation. CASA's role is to assess and mandate relevant ADs issued by the State of Design when necessary, thereby maintaining the safety standards for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft, in line with the standards set by the International Civil Aviation Organization (ICAO). The State of Design, such as the United States for the Boeing 747, holds the primary responsibility for issuing ADs, which the State of Registry, in this case Australia, must then assess and potentially mandate. CASA has identified sixteen ADs issued by the Federal Aviation Administration between 1991 and 2007 that were not previously mandated in Australia but may apply to some of the Boeing 747 aircraft currently on the Australian register. These have been consolidated into a new AD, AD/B747/398, which will become effective on 30 July 2010. This directive is issued in compliance with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to section 39.001(5) of the Regulations. These directives, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, play a crucial role in ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, must provide necessary information to ensure continuing airworthiness to appropriate States of Registry. In turn, the State of Registry, such as Australia in this context, must adopt or develop requirements to ensure that individual aircraft maintain airworthiness standards. CASA, as Australia’s national airworthiness authority, is tasked with assessing the information from the State of Design and, if deemed appropriate, issuing an Australian AD to mandate the requirements of the State of Design.
Entities governed by these regulations, primarily CASA and aircraft operators, are subject to specific obligations. CASA must review the airworthiness directives issued by the State of Design and determine their applicability to aircraft on the Australian register. Once CASA identifies relevant ADs, they must issue corresponding Australian ADs to ensure compliance with international safety standards. Aircraft operators, on the other hand, must adhere to the requirements outlined in the applicable ADs, which may include mandatory inspections, maintenance actions, or design modifications. Failure to comply with an AD can result in serious safety risks and potential legal consequences.
Breach of an airworthiness directive can lead to significant civil and criminal penalties. Under the Civil Aviation Act 1988, an aircraft operator who fails to comply with an AD can be subject to fines and imprisonment. The exact penalties can vary depending on the severity of the breach and the specific regulatory provisions, but they can include substantial financial penalties and imprisonment terms. CASA also has the authority to suspend or revoke an aircraft's certificate of airworthiness if it finds that the aircraft is not being maintained in accordance with applicable ADs. This not only imposes financial and operational burdens on the operator but also poses serious safety risks to passengers and crew. Therefore, compliance with ADs is not only a legal obligation but also a critical safety measure.