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 2008-22-17 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/B747/62, Amendment 3, which will become effective on 15 January 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. The Civil Aviation Safety Regulations 1998 further operationalise this by detailing specific requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This Act and its accompanying regulations were introduced to align Australia's civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that the safety and airworthiness of aircraft are maintained globally. The policy objective is to ensure that Australia's civil aviation safety regulations are in line with international best practices, thereby protecting the public and maintaining the safety of air navigation. The ADs issued under this legislative framework, such as the recent Australian AD/B747/62, Amendment 3, reflect the commitment to these international obligations and standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments, which are subject to disallowance under the Acts Interpretation Act 1901, and are also classified as legislative instruments under the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In this context, CASA, as Australia's national airworthiness authority, must evaluate ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety standards. For example, in response to a US Federal Aviation Administration AD affecting Boeing B747 model aircraft, CASA has issued Australian AD/B747/62, Amendment 3, effective from 15 January 2009. Given that these ADs are issued to meet international obligations and in response to directives from States of Design, they do not require public consultation or a Regulatory Impact Statement. Instead, they are crafted by CASA’s Airworthiness Engineering Group, specifically the Manager, Airframes & Structures, in accordance with the Act’s provisions.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, must ensure the aircraft’s ongoing airworthiness by developing or adopting the necessary requirements.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities involved with aircraft. The State of Design must provide any necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to maintain this airworthiness. CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate these requirements. This ensures that all aircraft registered in Australia comply with international standards and safety protocols. Furthermore, the AD must be issued in accordance with the provisions of the Civil Aviation Act 1988 and by authorised personnel within CASA.
Breaches of the requirements set out in airworthiness directives can result in significant civil or criminal consequences. While specific offences under the Civil Aviation Act 1988 are not detailed in the provided text, non-compliance with ADs can lead to penalties, including fines and potential legal action against the aircraft operator or owner. The maximum penalties for non-compliance can vary, but they are designed to enforce adherence to safety standards and protect public safety in the aviation sector. CASA has the authority to enforce compliance and take action against those who do not adhere to the mandated requirements, thereby ensuring the highest standards of air safety are maintained.