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 has issued Australian AD/B767/190, Amendment 1, which will become effective on 15 March 2007. 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 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, enacted by the Australian Parliament, establishes a regulatory framework for civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations, including the issuance of airworthiness directives (ADs), to maintain safety standards. These directives are crucial for ensuring the ongoing airworthiness of aircraft and aeronautical products, as they are mandated by the Civil Aviation Safety Regulations 1998. This legislative approach aligns with international standards, particularly those set by the Convention on International Civil Aviation, where the State of Design has the responsibility to provide necessary information for the continuing airworthiness of aircraft types. The Australian Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, assessing and, if necessary, issuing Australian ADs to meet these international obligations. This process ensures that Australian aviation remains compliant with global safety standards and fosters a safe and efficient national airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, with the overarching goal of ensuring the safety of air navigation. These ADs apply to all entities and individuals involved in the operation, maintenance, or certification of aircraft within Australia, including aircraft owners, operators, and maintenance providers. Geographically, the ADs pertain to aircraft registered in Australia and are issued in response to international airworthiness directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA). The ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are issued in compliance with Australia's international obligations under the Convention on International Civil Aviation. Notably, no public consultation is required for these directives, as they are issued in response to international mandates and are deemed to not necessitate a Regulatory Impact Statement by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs) as per section 98 of the Act (subsection 39.001(5) of the Regulations). An AD is a legislative instrument that mandates specific requirements to maintain the airworthiness of aircraft or aeronautical products. When the State of Design issues an AD, Australia's national airworthiness authority, the Civil Aviation Safety Authority (CASA), must review and, if appropriate, issue a corresponding Australian AD. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) for Boeing B767 model aircraft, CASA issued Australian AD/B767/190, Amendment 1.
The obligations imposed by this legislation on CASA and other relevant authorities are primarily to ensure the continuing airworthiness of aircraft registered in Australia. This includes assessing ADs issued by the State of Design and issuing corresponding Australian ADs where necessary. The State of Registry, which in Australia's case is CASA, must ensure that the continuing airworthiness of individual aircraft is maintained. This involves implementing and enforcing the requirements set out in any relevant ADs. The State of Design, such as the FAA for the Boeing B767, is responsible for providing necessary information to ensure the airworthiness of aircraft types.
Breaching the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can lead to imprisonment. The exact penalties depend on the nature and severity of the breach but can be severe given the critical nature of airworthiness requirements. CASA is responsible for enforcing compliance with ADs and can take action against operators who fail to adhere to the mandated requirements.