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.
CASA has raised AD/B767/193 Amendment 1, which will become effective on
22 October 2009, to remove reference to cancelled AD/B767/155 and superseded FAA AD 2001-17-28 in respect of Boeing B767 series aircraft. As there are some examples of the B767 on the Australian register CASA has developed an amendment to remove unnecessary references. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment. This AD cancels and replaces the previous issue.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the need for comprehensive regulation in the field of civil aviation to ensure safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed safety standards and procedures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments to mandate specific requirements for the continuing airworthiness of aircraft and aeronautical products, ensuring they meet necessary safety standards. The introduction of AD/B767/193 Amendment 1 by CASA on 22 October 2009 exemplifies this regulatory framework, where CASA updates and streamlines ADs to maintain safety without unnecessary references, reflecting the ongoing commitment to safety and efficiency in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, are designed to ensure the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued by CASA, acting as Australia’s national airworthiness authority, in response to information provided by the State of Design and must be implemented by the State of Registry. The ADs apply to aircraft registered within Australia and aim to address any identified safety issues or updates necessary for maintaining the airworthiness of these aircraft. While these regulations are comprehensive, they do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review. Additionally, the issuance of ADs may be extended or modified through subordinate instruments, ensuring the adaptability of the regulations to evolving safety standards and technological advancements.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under section 39.001(5). These directives are crucial for maintaining the safety and airworthiness of aircraft operating within Australia. An AD is considered a legislative instrument, as stipulated by section 46A of the Acts Interpretation Act 1901, and is subject to disallowance as outlined in the Legislative Instruments Act 2003. According to Annex 8 of the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the aircraft's ongoing compliance with safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include assessing any airworthiness directives issued by the State of Design and determining whether these directives need to be adapted or implemented for the Australian context. This process involves ensuring that all relevant safety standards are met and that any superseded or outdated references within the directives are appropriately updated or removed. CASA's responsibility is to maintain a safe and efficient aviation system within Australia, which includes monitoring and enforcing compliance with airworthiness directives.
Failure to comply with the requirements of an AD can result in serious consequences. For instance, operators found to be in breach of an AD may face enforcement actions by CASA, which could include fines, suspension of the aircraft's operating certificate, or other regulatory penalties. The exact penalties depend on the severity and frequency of the non-compliance, but the overarching aim is to ensure that all aircraft within Australia maintain the highest standards of safety and airworthiness. CASA has the authority to take legal action against non-compliant operators to enforce compliance with the ADs, ensuring that the safety and operational standards are upheld consistently across the industry.