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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B767/130 affecting Boeing 767 series aeroplanes. The United States FAA issued AD 2010-03-08 on 22 January 2010 which supersedes the requirements of AD/B767/130 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 19 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of safety. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. The AD in question, originally issued as AD/B767/130 affecting Boeing 767 series aeroplanes, has been cancelled following the issuance of a superseding directive by the United States Federal Aviation Administration (FAA) on 22 January 2010. The AD cancellation, effective from 19 February 2010, was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure safety in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are vital for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft. In this context, CASA, acting as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. For instance, CASA issued AD/B767/130 for Boeing 767 series aeroplanes, which was subsequently superseded and cancelled by a United States Federal Aviation Administration (FAA) directive, effective from 19 February 2010. This process underscores the importance of international coordination and compliance with safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the regulation of airworthiness in Australia. Section 98 of the Act allows the Governor-General to 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 airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include a responsibility on the State of Design, which must provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the required safety measures. For example, when the United States Federal Aviation Administration (FAA) issued AD 2010-03-08 on 22 January 2010, CASA assessed the information and subsequently cancelled the previous AD/B767/130 concerning Boeing 767 series aeroplanes, effective from 19 February 2010.
The Act also outlines the consequences of non-compliance with ADs. Failure to comply with an AD can result in serious safety risks, as these directives are designed to address specific safety issues identified in aircraft or aeronautical products. While the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance, breaches of ADs can lead to severe consequences, including potential grounding of the affected aircraft, fines, and even imprisonment for individuals or corporations found guilty of non-compliance. The specific penalties for non-compliance with ADs are typically determined on a case-by-case basis and can vary depending on the severity of the breach and its impact on aviation safety.