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 has issued AD 2006-26-13 affecting Boeing B767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/B767/162. The cancellation will become effective on 15 March 2007. The original unsafe condition has been corrected by AD/B747/190 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations in the interest of aviation safety, with a particular focus on the continuous airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide detailed provisions, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft types registered in Australia. In accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry ensures the individual aircraft's airworthiness. Consequently, CASA issues Australian ADs in response to ADs from the State of Design to align with international obligations and ensure the safety of aircraft operating in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, applying to all aircraft and aeronautical products within the Commonwealth’s jurisdiction. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft to ensure their continuing airworthiness, aligning with international standards set forth by the Convention on International Civil Aviation. The ADs are legislative instruments that CASA must implement, following assessments of directives issued by the State of Design. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing B767 aircraft, CASA has cancelled an existing Australian AD, reflecting Australia’s obligations under international conventions. This process underscores the importance of international cooperation in maintaining aviation safety standards, while also ensuring that Australian aviation regulations are consistently updated in accordance with global directives.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations for the Act's purposes and in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore they qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Compliance with these provisions entails several obligations for the parties involved. The State of Design, which in this context refers to the United States Federal Aviation Administration (FAA) for Boeing B767 model aircraft, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This responsibility includes providing all necessary information to appropriate States of Registry to maintain the airworthiness of the aircraft. The State of Registry, CASA in this case, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft in accordance with Annex 8 of the Convention on International Civil Aviation.
When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet the international standards for airworthiness. Additionally, the AD must be made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with airworthiness directives. Failure to comply with an AD may result in severe civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations involved. The exact penalties are determined by the relevant legislation and can vary widely. For instance, under the Civil Aviation Act 1988, significant fines and imprisonment terms can be imposed for non-compliance with airworthiness directives, underscoring the critical importance of adhering to these regulations to ensure safety in air navigation.