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 2005-08-01 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/B747/46, Amendment 6, which will become effective on 11 May 2006. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation and related activities within Australia, establishing a framework for the regulation of civil aviation in the country. This legislation is crucial in addressing the need for comprehensive safety standards and oversight in the aviation sector, thereby ensuring public safety and the efficient operation of air services. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with one such regulation being the Civil Aviation Safety Regulations 1998. These regulations, among other things, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft. The enactment of this Act and its subsequent regulations were essential to align Australian civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring consistency and safety in global air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards for continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design to maintain the airworthiness of aircraft registered in Australia. For instance, CASA issued Australian AD/B747/46, Amendment 6, effective from 11 May 2006, in response to the US Federal Aviation Administration’s AD 2005-08-01 concerning Boeing B747 model aircraft. Given that these ADs are issued in adherence to international obligations and in response to directives from the State of Design, no public consultation is required, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as clarified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus qualify as legislative instruments as per section 6 of the Legislative Instruments Act 2003. Regulation 39.001 outlines the circumstances under which CASA can issue these directives, ensuring that they align with the overarching goal of maintaining air navigation safety as stipulated in section 98 of the Civil Aviation Act 1988.
Under these regulations, the State of Design for an aircraft type bears the responsibility for ensuring the aircraft's continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing any necessary information to the State of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt specific requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is mandated to review this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
In accordance with these provisions, CASA has issued Australian AD/B747/46, Amendment 6, following the evaluation of AD 2005-08-01 issued by the US Federal Aviation Administration (FAA) for Boeing B747 model aircraft. The USA, as the State of Design for this aircraft type, issued the original AD, prompting CASA to act under its authority to ensure that Australian standards and safety measures are upheld. This AD, which will take effect on 11 May 2006, cancels and replaces the previous issue, reflecting the most current safety requirements.
The issuance of this AD is directly tied to Australia's commitments under the Convention on International Civil Aviation and the need to respond to directives from the relevant State of Design. Consequently, no public consultation has been conducted on this AD, and it has been determined by the Office of Regulatory Review that a Regulatory Impact Statement is not required. The AD has been drafted by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.