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/B767/10 affecting Boeing 767 series aeroplanes in 1986. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 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, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia, with the Civil Aviation Safety Regulations 1998 further detailing the requirements and processes for maintaining airworthiness. The Act grants the Governor-General the authority to make regulations for air navigation safety, while the Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are considered significant regulatory instruments under the Legislative Instruments Act 2003. ADs play a crucial role in continuing airworthiness, aligning with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing ADs as necessary to ensure compliance with safety standards. The cancellation of a specific AD affecting Boeing 767 series aeroplanes, which was found to no longer be necessary, exemplifies the regulatory process to adapt to changes in safety conditions and reduce regulatory burden.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being responsible for their development and implementation. These regulations apply to all aircraft registered in Australia, and they are designed to ensure the continuing airworthiness of such aircraft, in line with the standards set forth by the International Civil Aviation Organization (ICAO). The authority to issue ADs is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows CASA to mandate requirements for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve as a key mechanism for disseminating continuing airworthiness information, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA’s role includes assessing information from the State of Design and, when necessary, issuing Australian ADs to enforce these requirements. The scope of these directives can be extended or restricted through subordinate instruments, and they apply nationally within Australia, aligning with international standards and practices.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as per section 98 of the Civil Aviation Act 1988, are crafted to ensure the safety of air navigation and are legally binding instruments, as outlined in section 46A of the Acts Interpretation Act 1901. The authority to issue such ADs stems from the overarching responsibility of the State of Design to maintain the continuing airworthiness of an aircraft type, a responsibility that is mandated under Annex 8 to the Convention on International Civil Aviation. Concurrently, the State of Registry, which in Australia is CASA, is tasked with ensuring the continuing airworthiness of individual aircraft within its jurisdiction.
Compliance with the ADs is mandatory for the entities and individuals they govern. Specifically, aircraft operators and owners must adhere to the requirements set forth in the ADs, which may include mandatory inspections, maintenance actions, and operational limitations, to ensure that the aircraft remain airworthy. These obligations extend to ensuring that all personnel involved in the operation, maintenance, and repair of the affected aircraft are informed of the ADs and understand their requirements. Failure to comply with an AD can result in serious safety implications and may lead to enforcement actions by CASA.
The regulations impose civil penalties for non-compliance with ADs. Under section 18 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The maximum penalty for an individual is $200,000, while for a body corporate, the penalty can reach up to $1,000,000. Additionally, CASA may suspend or revoke the airworthiness certificates of non-compliant aircraft, which could lead to grounding of the aircraft until compliance is achieved. It is also worth noting that serious non-compliance could potentially result in criminal charges, particularly if the non-compliance leads to an accident or incident that causes harm.