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 issued AD 2004-19-06 R1 affecting Boeing B767 series aircraft in 2006. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow an alternate means of compliance. The amended AD, AD/B767/201 Amendment 2, will become effective on 12 February 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation activities in Australia, aiming to ensure the safety and efficiency of air navigation. The Act provides the legal framework under which the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as necessary for the continuing airworthiness of aircraft. This legislative instrument is intended to align with international standards set by the Convention on International Civil Aviation and to address specific safety concerns identified by the State of Design, in this case, the United States for Boeing B767 series aircraft. The ADs serve as a means for CASA to mandate compliance with international safety directives, ensuring that aircraft registered in Australia meet global airworthiness standards. This approach is designed to maintain the highest safety standards while fulfilling Australia’s obligations under international aviation agreements.
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. These ADs apply to aircraft and aeronautical products registered in Australia and are mandated to ensure the continuing airworthiness of these entities. The ADs are legislative instruments made under the authority of the Governor-General and are subject to disallowance as per the Acts Interpretation Act 1901. The responsibility for the continuing airworthiness of aircraft types lies with the State of Design, while the State of Registry, in this case, the Civil Aviation Safety Authority (CASA), is tasked with ensuring that the aircraft meet the required safety standards. CASA issues Australian ADs based on directives from the relevant State of Design, such as the United States for the Boeing B767 series aircraft. These ADs are not subject to public consultation or a Regulatory Impact Statement, as they are necessitated by international obligations under the Convention on International Civil Aviation. The ADs are issued by CASA in accordance with the Civil Aviation Act 1988 and related regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA to evaluate the airworthiness directives issued by the State of Design and, when necessary, issue corresponding Australian ADs to enforce the design state's requirements. This is particularly relevant under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to ensure such airworthiness to the States of Registry. The State of Registry, on the other hand, is tasked with ensuring the continuing airworthiness of individual aircraft, and must develop or adopt requisite measures to uphold this responsibility.
The recent amendment to AD/B767/201 Amendment 2, concerning Boeing B767 series aircraft, serves as a practical example of these provisions in action. Initially issued by the US Federal Aviation Administration (FAA) as AD 2004-19-06 R1 in 2006, this AD was adopted in response to Australia’s obligations under the Convention on International Civil Aviation. Following a request from the industry, CASA amended the Australian AD to incorporate an alternate means of compliance. This amended AD will become effective on 12 February 2009, replacing the previous version.
When it comes to enforcement, breaching the requirements set forth by an airworthiness directive can lead to significant consequences. While the specific penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in severe civil or criminal penalties. These may include fines, suspension or revocation of airworthiness certificates, and potential legal action against individuals or entities that fail to adhere to the mandated safety standards. The stringent nature of these potential repercussions underscores the critical importance of compliance with airworthiness directives to maintain the high safety standards expected in the aviation industry.