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 R1, affecting Boeing B747 aircraft, in 2007. 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 the use of later versions of the Boeing document called out in the AD. The amended AD, AD/B747/85, Amendment 5, will become effective on 2 September 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 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, serves to regulate civil aviation in the interests of safety and efficiency. This legislation provides the framework for ensuring that all civil aviation activities in Australia meet the necessary safety standards. One of the mechanisms established by the Act is the ability for the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs are designed to address identified safety issues and are integral to maintaining the continuing airworthiness of aircraft registered in Australia. The issuing of ADs is consistent with Australia's obligations under international conventions, particularly 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, with the State of Registry enforcing these standards domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are legislative instruments as per section 6 of the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, and the State of Registry, such as Australia through CASA, must adopt the requirements set forth in ADs to ensure compliance. In instances where an AD is issued by the State of Design, CASA must review and, if deemed necessary, issue a corresponding Australian AD. For example, in response to the US Federal Aviation Administration's AD 90-25-05 R1 for Boeing B747 aircraft, CASA has amended its AD to incorporate later versions of the specified Boeing document, with the updated directive, AD/B747/85, Amendment 5, taking effect on 2 September 2009. This amendment replaces the previous AD, reflecting international standards and obligations under the Convention on International Civil Aviation. Given that these directives are made in response to international obligations and standards, no public consultation is required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) which are essential for ensuring the safety of aircraft. Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and, hence, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA and the States of Design and Registry. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft remain airworthy. For instance, the United States, as the State of Design for Boeing B747 aircraft, issued AD 90-25-05 R1 in 2007. CASA, as Australia's national airworthiness authority, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
Breaching the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines. The exact penalties are not specified in the provided text, but they can be substantial and are intended to enforce compliance with safety regulations. Additionally, operating an aircraft that does not comply with an AD can lead to criminal charges, potentially resulting in imprisonment, reflecting the serious nature of ensuring airworthiness and public safety.
There are no explicit references to maximum penalties in the provided text, but the seriousness of non-compliance is underscored by the potential for criminal prosecution. The issuance of ADs is governed by international obligations under the Convention on International Civil Aviation, and the failure to comply with these directives can have significant legal and safety ramifications. This legislative framework ensures that both CASA and the operators of Australian-registered aircraft adhere to stringent safety standards.