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 United States FAA issued AD 2004-10-05, affecting Boeing 767 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 allow an alternate method of compliance. The amended AD, AD/B767/197 Amendment 3, will become effective on 15 July 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 Manager, New Technologies and Systems, 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 Commonwealth Parliament, serves as the foundational legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that support its objectives, thereby enabling the Civil Aviation Safety Authority (CASA) to implement detailed safety measures through instruments like airworthiness directives. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft types registered in Australia, in line with international standards set by the International Civil Aviation Organization (ICAO). The Act ensures that Australia fulfills its obligations under the Convention on International Civil Aviation, particularly by aligning with directives issued by the States of Design and Registry, and mandates CASA to issue corresponding Australian airworthiness directives as necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, as derived from 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. These directives apply to all aircraft registered in Australia and aim to ensure the continuing airworthiness of such aircraft in accordance with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft type was designed, holds the primary responsibility for the ongoing airworthiness of the aircraft type and must provide necessary information to the States of Registry, which in Australia is CASA. Upon receiving an AD from the State of Design, CASA evaluates the information and, if deemed appropriate, issues a corresponding Australian AD to enforce the requirements of the State of Design. These airworthiness directives are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. Notably, this specific AD, AD/B767/197 Amendment 3, issued in response to the United States Federal Aviation Administration's AD 2004-10-05 for Boeing 767 series aircraft, incorporates an alternate method of compliance as requested by the industry and will supersede the previous directive effective from 15 July 2005.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations, which are intended to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The issuance of ADs is governed by international standards under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. This means the State of Design must provide necessary information to ensure the ongoing airworthiness of the aircraft type to all appropriate States of Registry. In Australia, the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures.
For instance, in 2004, the United States Federal Aviation Administration (FAA) issued AD 2004-10-05, which affects Boeing 767 series aircraft. As the State of Design for these aircraft, the United States holds the primary responsibility for ensuring their airworthiness. Following a request from the industry, CASA amended the equivalent Australian AD to allow an alternate method of compliance. This amended AD, AD/B767/197 Amendment 3, became effective on 15 July 2005, replacing the previous issue. Because this AD is issued in response to an international obligation and is based on an AD from the relevant State of Design, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was unnecessary.
Compliance with ADs is mandatory, and failure to adhere to the requirements set out in these directives can have significant legal consequences. The ADs are designed to ensure that aircraft remain airworthy, and non-compliance can lead to severe penalties, including fines and potential criminal charges. The maximum penalties for breaches are specified in the Civil Aviation Act 1988 and can vary depending on the severity and nature of the non-compliance. CASA enforces these regulations strictly to maintain the highest standards of aviation safety.