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/B767/11 affecting 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 regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive aviation legislation to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also introduced to further detail and enforce safety standards in the aviation industry. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The objective of these directives is to mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, issues these directives when necessary, reflecting the State of Design’s responsibility for the continuing airworthiness of an aircraft type. This legislative framework aims to maintain high safety standards in the civil aviation sector by ensuring that all aircraft meet required safety criteria.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations in the interest of safety, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, including CASA in Australia, is responsible for ensuring that each aircraft remains airworthy. The recent decision by CASA to cancel AD/B767/11, which was issued in 1986, reflects the conclusion that the unsafe condition it addressed no longer exists, thereby reducing the regulatory burden without necessitating a replacement AD. This action was taken by the Manager, Initial Airworthiness, within CASA’s Airworthiness and Engineering Branch, in accordance with the Act's provisions.
Key Provisions
The key provisions of this legislative instrument pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that the safety of air navigation is maintained. An AD, as outlined in subregulation 39.001(5), is classified as a disallowable instrument, which means it can be subject to parliamentary scrutiny and potential disallowance. Furthermore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is recognised as a legislative instrument.
The obligations imposed by these regulations are primarily on CASA and the State of Registry. CASA, as the national airworthiness authority, is tasked with the responsibility of assessing information provided by the State of Design regarding the continuing airworthiness of aircraft types. When an AD is issued by a State of Design, CASA must review the information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. These requirements must align with the international standards set forth in Annex 8 to the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for breaching the provisions related to ADs. However, non-compliance with ADs can lead to severe civil and criminal consequences, including fines and imprisonment, under other sections of the Civil Aviation Act 1988. For instance, section 54 of the Act makes it an offence for a person to operate an aircraft that is not in a condition to permit safe operation, which could result in fines of up to $10,000 and/or imprisonment for up to 12 months. Similarly, section 55 of the Act makes it an offence for a person to contravene any regulation made under the Act, which could result in fines of up to $100,000 and/or imprisonment for up to 10 years. These penalties underscore the importance of adhering to ADs and maintaining the safety of air navigation.