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.
CASA issued AD/B747/80 affecting Boeing 747 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the safety of air navigation and the operation of civil aircraft within Australia. The Act facilitates the regulation of civil aviation safety and aims to ensure the highest standards of airworthiness for aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs) to address specific safety concerns. These ADs are legislative instruments that mandate corrective actions for particular types of aircraft or aeronautical products to ensure their continuing airworthiness. The policy objective is to maintain the safety of air navigation by ensuring that aircraft meet the necessary safety standards and are operated in a manner that minimises risks to passengers, crew, and the public.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue such directives for particular types of aircraft or aeronautical products. These directives are legislative instruments and must be assessed and potentially adopted by the State of Registry, which in Australia is CASA. The issuance of ADs is a crucial mechanism for maintaining safety standards in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must ensure the continuing airworthiness of aircraft types and provide necessary information to the States of Registry. In the instance of the AD/B747/80 concerning Boeing 747 series aeroplanes, CASA has reviewed the directive and decided to cancel it, effective 19 November 2009, as the initial unsafe condition no longer exists and no replacement AD is necessary. The cancellation of this AD aims to reduce the regulatory burden without necessitating public consultation or a Regulatory Impact Statement. This action is taken under the authority vested in CASA and executed by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that promote the safety of air navigation, and 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. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that ADs are disallowable instruments under the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to assess airworthiness directives issued by the State of Design, and to issue corresponding Australian ADs if necessary to ensure the continuing airworthiness of aircraft registered in Australia. This is in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for providing information necessary to maintain the continuing airworthiness of aircraft types, while the State of Registry must implement requirements to ensure the airworthiness of individual aircraft.
Failing to comply with airworthiness directives can lead to serious consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD may result in the grounding of the affected aircraft until the required actions are taken. Furthermore, section 84C imposes penalties for non-compliance, including fines and imprisonment. The maximum penalties for individuals found guilty of breaching these regulations can include fines of up to $100,000 and imprisonment for up to five years, while corporate entities face fines of up to $500,000. In addition to criminal penalties, non-compliance with ADs can also result in civil liability, including compensation claims from passengers or other affected parties. These provisions underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation and protect the interests of all stakeholders involved in civil aviation.