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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B747/52 affecting Boeing 747 series aeroplanes. The United States FAA issued AD 2009-25-11 on 10 December 2009 which supersedes the requirements of AD/B747/52 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 14 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Australian Parliament, establishes the framework for the regulation of civil aviation in Australia. This Act aims to ensure the safety and efficiency of civil aviation, among other objectives. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which serves to maintain the airworthiness of aircraft. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is required to assess such information and issue Australian ADs to mandate the requirements of the State of Design. The AD/B747/52 issued by CASA concerning Boeing 747 series aeroplanes has been cancelled due to the issuance of a superseding AD by the United States Federal Aviation Administration (FAA), the State of Design for these aircraft. This cancellation reflects the international nature of aircraft regulation and the need for consistency in airworthiness directives across jurisdictions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, encompasses the legislative framework governing airworthiness directives (ADs) in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are primarily a mechanism for ensuring the continuing airworthiness of aircraft, with the State of Design bearing the responsibility for this as per Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety standards. The scope of this legislation applies to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers, within the national jurisdiction of Australia.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to issue regulations that contribute to the safety of air navigation. Under this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties and entities governed by these provisions are significant. The State of Design, responsible for an aircraft type, must provide necessary information to maintain airworthiness, a requirement stemming from Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the context of Australian legislation is represented by CASA, must then assess this information and, if necessary, issue an Australian AD that mandates the State of Design's requirements. For example, CASA issued AD/B747/52 affecting Boeing 747 series aeroplanes. However, this AD was subsequently superseded by the United States Federal Aviation Administration's AD 2009-25-11, leading to the cancellation of the former.
Failing to comply with ADs can result in serious consequences. While the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, the overarching legislation, such as the Civil Aviation Act 1988, provides for a range of enforcement actions, including fines and imprisonment. The Civil Aviation Safety Regulations 1998 themselves impose strict compliance requirements, and any breach of these regulations could lead to enforcement actions by CASA, potentially culminating in legal proceedings against the non-compliant party. Given the critical nature of airworthiness directives, failure to adhere to these mandates can pose significant safety risks and may result in severe penalties.