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 issued has issued a number of ADs over many years affecting the nose section of Boeing B747 model aircraft. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to reflect Alternate Means of Compliance approved by the US FAA. The amended AD, AD/B747/46 Amendment 7, will become effective on 2 August 2007. 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 regulation of civil aviation in Australia and to ensure the safety of air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. These ADs are crucial for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that aircraft registered in Australia meet the necessary safety standards, both domestically and in accordance with international protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in civil aviation operations within Australia. This legislation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are necessary to ensure the safety of air navigation. ADs are legislative instruments that mandate compliance with specific airworthiness requirements, which are established under the Convention on International Civil Aviation. The ADs are particularly pertinent for the State of Registry, which is responsible for the continuing airworthiness of aircraft registered within its territory. In this context, CASA, as Australia’s national airworthiness authority, is tasked with issuing ADs that reflect the requirements of the State of Design, particularly when it comes to international cooperation and adherence to ICAO standards. The ADs are issued without public consultation, as they are considered necessary to uphold international obligations and ensure safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument according to the Legislative Instruments Act 2003. This legislative framework ensures that ADs, which are essential for maintaining the continuing airworthiness of aircraft types, are issued in line with international standards set by Annex 8 to the Convention on International Civil Aviation.
The State of Design, which in the case of Boeing B747 model aircraft is the United States, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This involves providing all necessary information to the States of Registry to maintain airworthiness. The State of Registry, which in Australia is CASA, must develop or adopt regulations to ensure the continuing airworthiness of aircraft registered within its territory. When the US Federal Aviation Administration (FAA) issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements set by the US FAA.
Compliance with ADs is mandatory for all aircraft operators and owners in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, these directives must be followed to ensure the safety and airworthiness of the aircraft. Failure to comply with an AD can result in severe consequences. According to section 33 of the Civil Aviation Act 1988, any person who contravenes an AD may be subject to a range of penalties, including fines and imprisonment. Specifically, section 283 of the Act outlines that the maximum penalty for contravening an AD can be up to $16,500 for individuals and $82,500 for corporations, reflecting the seriousness of non-compliance with air safety regulations. Additionally, CASA has the authority to take enforcement actions, such as grounding aircraft that do not comply with ADs, to prevent any potential safety risks.