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 2001-14-19, affecting Boeing B767 model aircraft, in 2001. 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. The amended AD, AD/B767/157 Amendment 1, will become effective on 21 November 2008. 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is the primary piece of legislation governing civil aviation in Australia. It was introduced to address the need for comprehensive regulation of civil aviation to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to provide further detail and enforce safety standards. One of the mechanisms provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, to mandate the continuing airworthiness of aircraft registered in Australia. ADs are legislative instruments that CASA issues in accordance with international obligations, such as those under Annex 8 to the Convention on International Civil Aviation, and in response to directives issued by the State of Design of an aircraft type. The policy objective is to maintain the highest safety standards in Australian civil aviation through coordinated and consistent regulatory measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products in line with international obligations under the Convention on International Civil Aviation. This regulation applies to all entities and persons involved in the operation of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance providers, and its jurisdiction extends nationally. The ADs are legislative instruments and must be issued in response to an AD raised by the relevant State of Design, which in this context is the United States for Boeing B767 model aircraft. These directives are not subject to public consultation or a Regulatory Impact Statement as they are a direct response to international obligations and requirements. The ADs are issued by CASA, reflecting its role as the national airworthiness authority, and they mandate the necessary requirements for the continuing airworthiness of the affected aircraft types.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and are issued to ensure the continuing airworthiness of aircraft. The State of Design, in this case the United States for the Boeing B767, is responsible for issuing ADs for the aircraft type, and Annex 8 to the Convention on International Civil Aviation mandates that this information be provided to States of Registry, such as Australia. The State of Registry, represented by CASA in Australia, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations placed on parties and entities governed by this Act and Regulations include ensuring the continuing airworthiness of aircraft in accordance with the ADs issued. The State of Design must provide necessary information to maintain the airworthiness of the aircraft type, while the State of Registry, through CASA, must assess this information and issue appropriate ADs. Additionally, aircraft operators must comply with any ADs issued for their aircraft type, which may involve inspections, repairs, or modifications to ensure the aircraft meets safety standards. CASA's role is to monitor compliance with these ADs, ensuring that all aircraft operating within Australian jurisdiction meet the required safety standards.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential criminal charges. The maximum penalties for contravening an AD can include substantial fines and imprisonment. Civil penalties may also apply, where the penalties are determined by the severity of the non-compliance and the risk posed to public safety. These penalties are intended to ensure that all parties adhere to the safety standards mandated by the ADs, thereby maintaining the high level of safety required in the aviation industry.