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.
As a result of a request from an Australian operator, CASA has reviewed AD/B767/18 and AD/B767/84. The review determined that there was considerable overlap between these two ADs, and so CASA has cancelled Australian AD/B767/18. The cancellation will become effective on 19 January 2006. No replacement AD is required, as the original unsafe condition has been corrected by AD/B767/84.
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 provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. It empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation in accordance with the Legislative Instruments Act 2003. The objective of ADs is to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type's airworthiness and must provide necessary information to States of Registry. CASA, acting on behalf of Australia, assesses and issues ADs to ensure compliance with international standards and local regulatory requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are crucial in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring compliance with these directives to maintain aircraft safety. Following a review prompted by an Australian operator, CASA determined that AD/B767/18 had considerable overlap with AD/B767/84, leading to the cancellation of AD/B767/18 without the need for a replacement, as the underlying safety concerns had already been addressed. This cancellation reflects Australia’s adherence to international obligations and the streamlined process for managing overlapping directives, ensuring efficient and effective airworthiness management without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations that promote air navigation safety. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential for maintaining the safety and airworthiness of aircraft. Importantly, under section 39.001(5), ADs are classified as disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament, in accordance with section 46A of the Acts Interpretation Act 1901. Additionally, under the Legislative Instruments Act 2003, ADs are considered legislative instruments.
Compliance with these ADs is critical for all parties involved. The State of Design, which is the country where the aircraft is designed, must ensure that the aircraft remains airworthy throughout its operational life. This includes providing any necessary information to the States of Registry, which are the countries where the aircraft are registered. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding ADs to ensure compliance with Australian airworthiness requirements. Operators and owners of aircraft must follow these directives to maintain their aircraft's airworthiness and comply with safety regulations.
Failure to comply with the ADs can lead to significant consequences. CASA has the authority to enforce compliance and can take action against entities that do not adhere to the mandated safety requirements. Non-compliance can result in penalties, which may include fines and other sanctions as determined by CASA. It is crucial for all parties involved to ensure they are fully aware of and comply with the ADs to avoid any legal repercussions.
CASA’s decision to cancel Australian AD/B767/18 due to overlap with AD/B767/84 demonstrates the regulatory body's commitment to maintaining efficient and effective airworthiness standards. The cancellation process was conducted in line with Australia's obligations under the Convention on International Civil Aviation and in response to directives issued by the relevant State of Design, without necessitating public consultation or a Regulatory Impact Statement. The AD was 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.