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 2004-19-06 R1 affecting Boeing 767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/201, Amendment 1, which will become effective on 22 December 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, 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the aviation industry. This Act allows for the creation of regulations to enhance air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing operational standards. One such regulation, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific maintenance, inspection, or modification requirements for aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments, subject to disallowance, and are crafted to meet Australia's obligations under international conventions, ensuring that the nation's aviation safety standards are consistent with global practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, with the specific AD/B767/201, Amendment 1, issued under the authority of the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office. The AD applies to the Boeing 767 model aircraft registered in Australia, mandating compliance with safety requirements determined by CASA based on the assessment of AD 2004-19-06 R1 issued by the United States Federal Aviation Administration. The AD becomes effective from 22 December 2005, replacing the previous directive. This process adheres to Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry in ensuring continuing airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the continuing safety of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation include the State of Design, which is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case CASA, must ensure that the aircraft meets continuing airworthiness requirements. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, the US Federal Aviation Administration (FAA) issued AD 2004-19-06 R1 concerning Boeing 767 model aircraft, and CASA issued Australian AD/B767/201, Amendment 1, in response.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Failure to comply with an AD can result in serious safety issues, and in some cases, criminal penalties. For example, under section 84A(2) of the Civil Aviation Act 1988, CASA may take enforcement action against an operator who fails to comply with an AD. The maximum penalty for contravening an AD can be significant, including substantial fines and imprisonment for individuals. These measures underscore the importance of adhering to ADs to maintain the safety of air navigation.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 facilitate the issuance of ADs to ensure the continuing airworthiness of aircraft. The legislation imposes obligations on both the State of Design and the State of Registry to provide and enforce necessary safety measures. The consequences for non-compliance are severe, highlighting the critical role of ADs in maintaining aviation safety.