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 2005-11-12 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/B767/212 which will become effective on 1 September 2005.
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 framework for ensuring the safety of civil aviation in Australia. This legislation empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools for maintaining the continuing airworthiness of aircraft, ensuring that they meet safety standards. ADs are considered legislative instruments and can be disallowed under the Acts Interpretation Act 1901. This regulatory mechanism allows CASA to mandate requirements for aircraft registered in Australia in alignment with international standards set by the Convention on International Civil Aviation, specifically through Annex 8. The ADs issued by CASA are intended to address safety issues identified by the State of Design or in response to international obligations, thereby enhancing the overall safety of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. 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, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft and are aligned with the international standards set by the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is tasked with ensuring the airworthiness of individual aircraft registered within its jurisdiction. In the case of international ADs, CASA must assess and, if necessary, issue corresponding Australian ADs to meet international obligations and ensure safety standards are uniformly upheld across the aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain the primary provisions governing the issue of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003.
The obligations placed on parties by these regulations are significant. The State of Design, which in this case is the United States for the Boeing 767 model aircraft, bears the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure its airworthiness. The State of Registry, in this instance, Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures compliance with international standards set by the Convention on International Civil Aviation.
Failure to comply with the requirements of an AD can result in various consequences. Offences and penalties may apply, though the specifics are not detailed in the provided text. Generally, non-compliance with aviation safety regulations can lead to civil or criminal penalties. Civil penalties may include fines, while criminal penalties can involve imprisonment, depending on the severity and circumstances of the breach. The exact penalties would be defined under the relevant sections of the Civil Aviation Act 1988 and other applicable legislation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of ADs to maintain airworthiness standards. The responsibilities of the State of Design and the State of Registry are clearly defined, and CASA’s role in assessing and implementing these directives is crucial. Non-compliance with these regulations can result in significant civil and criminal penalties, underscoring the importance of adherence to these safety directives.