CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 United States FAA issued AD 2004-10-05, affecting Boeing 747-200, 767-300 and 767-300F series aircraft, in 2004. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to introduce an alternate method of compliance. The amended AD, AD/B767/197 Amendment 2, will become effective on 17 February 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legal framework for regulating civil aviation safety within the country. This Act was introduced to address the need for comprehensive and effective regulation of civil aviation to ensure the safety of air navigation. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, managed by the Civil Aviation Safety Authority (CASA). These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The objective is to ensure that all aircraft operating within Australian airspace meet the necessary safety standards, reflecting the responsibility of the State of Registry and the State of Design in providing the requisite information and mandates.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Authority (CASA). These regulations apply to entities and individuals involved in the operation, maintenance, and registration of aircraft within Australia, ensuring adherence to international standards for airworthiness as set out in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing ADs that mandate compliance with airworthiness requirements, which can include both safety and operational standards. The issuance of ADs follows the obligations under the Convention, with Australia's State of Registry collaborating with the State of Design to maintain the safety and airworthiness of aircraft registered within its territory. ADs issued by CASA are not subject to public consultation or a Regulatory Impact Statement, reflecting their alignment with international obligations and safety imperatives. This regulatory framework ensures that the continuing airworthiness of aircraft is maintained in accordance with internationally recognised standards, thereby protecting public safety and maintaining the integrity of the aviation system.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the continuing airworthiness of aircraft within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. An airworthiness directive is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, which means that it can be disallowed by either house of Parliament within a specified period.
The obligations imposed by the Act and the accompanying regulations are significant for both CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing Australian ADs where necessary to ensure compliance with international standards. This involves continuous monitoring and evaluation of safety-related information, particularly when an AD is issued by the State of Design, which in this case is the United States for Boeing 747-200, 767-300 and 767-300F series aircraft. The State of Registry, which in this context would be Australia, must then implement these directives to maintain the airworthiness of the aircraft registered within its jurisdiction.
Failure to comply with airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties can include fines and enforcement actions, while criminal penalties may involve imprisonment, reflecting the seriousness with which the Act treats non-compliance with airworthiness requirements. The exact penalties can vary depending on the nature and severity of the breach but are intended to ensure strict adherence to safety standards. This underscores the importance of timely and accurate compliance by all parties involved in the operation and maintenance of affected aircraft.