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 AD 90-25-05, affecting Boeing B747 aircraft, in 1990. 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 allow an alternate means of compliance for B747-400 model aircraft. The amended AD, AD/B747/85 Amendment 3, will become effective on 31 August 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 a legislative framework for civil aviation safety in Australia, addressing the need for a structured and legally binding approach to ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations, including the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments that reflect Australia's obligations under the Convention on International Civil Aviation, ensuring that national airworthiness requirements are consistent with those of other ICAO Contracting States. The policy objective behind these regulations is to enhance the safety of air navigation by mandating specific requirements for aircraft and aeronautical products based on the directives issued by the relevant States of Design.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation safety in Australia. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, in line with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and are issued to ensure the continuing airworthiness of aircraft registered in Australia. These directives are mandated by the State of Design's responsibility for an aircraft type and the State of Registry's duty to enforce airworthiness standards within its jurisdiction. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the relevant State of Design. The ADs are made by authorised CASA officials in accordance with the legislative framework, ensuring that Australian aviation safety standards align with international practices.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process is integral to ensuring that aircraft maintain their airworthiness and comply with safety standards, as mandated by section 98 of the Civil Aviation Act 1988. These directives, as per subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined by the Legislative Instruments Act 2003. The issuing of ADs aligns with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by ADs include adherence to the requirements set forth in these directives. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to meet these standards. When the State of Design, such as the US Federal Aviation Administration (FAA) in the case of Boeing B747 aircraft, issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess the information and issue a corresponding Australian AD if necessary. This ensures that Australian-registered aircraft meet the same safety standards as those set by the State of Design.
Failure to comply with ADs can result in significant legal and safety repercussions. The Civil Aviation Act 1988 does not explicitly outline the penalties for non-compliance with ADs, but general aviation regulations imply severe consequences for disregarding airworthiness directives. Such non-compliance can lead to aircraft being grounded, operational restrictions, or even criminal charges if the breach results in safety incidents. The severity of penalties can vary but may include substantial fines and imprisonment, reflecting the critical importance of adhering to airworthiness directives to maintain aviation safety standards.