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 twenty-five USA ADs issued between 1991 and 2008 that were not mandated in Australia, are not applicable to any of the Boeing 747 aeroplanes currently on the Australian register of civil aircraft, but which may be applicable to one or more Boeing 747 aeroplane registered in Australia in the future. CASA has decided to list these twenty-five USA ADs in a new AD called AD/B747/399 State of Design Airworthiness Directives - 2. AD/B747/399 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 for the regulation of civil aviation in Australia, with a focus on safety. In line with this objective, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of civil aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative framework ensures that the safety of air navigation is maintained in accordance with international standards, particularly under the Convention on International Civil Aviation. The ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, with the State of Registry having the ultimate responsibility for the maintenance of airworthiness. CASA’s role includes assessing and mandating relevant ADs issued by the State of Design, such as the Federal Aviation Administration in the United States, to address specific safety concerns. The issuance of AD/B747/399 for the Boeing 747 aeroplane, reflecting potential future applicability to aircraft on the Australian register, exemplifies CASA’s commitment to adhering to international obligations and ensuring safety standards are upheld.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, in compliance with Annex 8 of the Convention on International Civil Aviation. ADs are legislative instruments that ensure the continuing airworthiness of aircraft, with the State of Design having overall responsibility for providing necessary information. The State of Registry must develop or adopt requirements to ensure airworthiness, and CASA mandates the requirements of the State of Design when necessary. The ADs issued under this framework apply to all entities and persons responsible for the operation and maintenance of aircraft within Australia, ensuring adherence to international safety standards. Although the ADs in question pertain to Boeing 747 aeroplanes and were issued due to Australia’s obligations under the Convention, they do not currently apply to any Boeing 747 aeroplanes on the Australian register, but may do so in the future. Consequently, no public consultation or Regulatory Impact Statement was required for these specific ADs.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments as defined by the Legislative Instruments Act 2003 and must be issued in accordance with section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. ADs serve as a primary means of communicating continuing airworthiness information as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having the overarching responsibility for ensuring the airworthiness of an aircraft type. The State of Registry, in this case CASA, must adopt or develop requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction, and must mandate the requirements of the State of Design when necessary.
Under the Civil Aviation Safety Regulations 1998, the obligations of CASA and the State of Registry include assessing information from the State of Design and issuing ADs as required. For example, CASA has reviewed the airworthiness directives issued for the Boeing 747 aeroplane by the Federal Aviation Administration (FAA) in the USA, identified certain ADs that were not previously mandated in Australia, and decided to issue a new AD, AD/B747/399, to address these directives. This AD is a response to Australia's obligations under international civil aviation conventions and aims to ensure that all applicable safety measures are enforced on Boeing 747 aeroplanes registered in Australia. The process of issuing such directives is rigorous, involving detailed assessment and compliance with international standards to ensure the safety and airworthiness of the aircraft.
There are no specific offences or penalties outlined in the regulations for non-compliance with ADs, but failure to adhere to the mandates set out in an AD could lead to significant consequences. Non-compliance could result in the grounding of affected aircraft, which would prevent the aircraft from being operated until the necessary actions required by the AD are completed. Such actions could potentially incur substantial financial penalties and may also lead to legal action against the operator for failing to maintain the airworthiness of the aircraft. In extreme cases, severe non-compliance could result in criminal charges being brought against individuals responsible for the oversight or operation of the non-compliant aircraft, particularly if such non-compliance leads to accidents or incidents that result in harm or loss of life.
The AD/B747/399 was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988. This directive becomes effective on 30 July 2010 and, as it responds to international obligations and existing ADs from the USA, it does not require public consultation or a Regulatory Impact Statement. This streamlined process ensures that CASA can efficiently address safety concerns related to aircraft registered in Australia without unnecessary delays.