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. 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 AD2005-03-11 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/B767/20, Amendment 3, which will become effective on 12 May 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 - Airframes, 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 Australian Parliament, serves to regulate civil aviation in the country, focusing on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that aim to maintain the continuing airworthiness of aircraft in line with international standards and obligations. In response to an AD issued by the United States Federal Aviation Administration concerning Boeing B767 model aircraft, CASA has issued its own AD to ensure compliance with these international safety standards. This Australian AD, AD/B767/20, Amendment 3, mandates specific requirements to address identified safety issues, thereby fulfilling Australia's responsibilities under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, in this case, the USA for Boeing B767 model aircraft, has the responsibility for the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with safety standards. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are ultimately made by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the obligations set forth by the Civil Aviation Safety Regulations 1998, CASA must issue an Australian AD when the State of Design issues a corresponding AD for aircraft types registered in Australia. The State of Registry, which in this case is Australia, must ensure the continuing airworthiness of the aircraft by adopting or developing appropriate requirements. As Australia is the State of Registry for certain Boeing B767 models, CASA is required to assess and issue an Australian AD, such as AD/B767/20, Amendment 3, which mandates the requirements of the State of Design, namely the USA in this context.
Failure to comply with an airworthiness directive can lead to significant consequences. Civil aviation regulations may include provisions for fines and other penalties for non-compliance with ADs. For instance, non-compliance with ADs can result in civil penalties, such as fines, and criminal penalties, including imprisonment, for individuals or entities responsible for the aircraft. These penalties are intended to enforce adherence to safety standards and maintain the integrity of air navigation safety.
There are also potential civil consequences for breaches, such as the grounding of aircraft, which can lead to operational disruptions and financial losses for airlines and operators. Criminal consequences might include prosecution under the Civil Aviation Act 1988, leading to imprisonment terms that can vary depending on the severity of the breach and the impact on aviation safety. The maximum penalties are stipulated within the specific provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that any breaches are met with appropriate legal and operational repercussions.