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 USAA has issued AD 2005-20-05 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/B767/215, which will become effective on 24 November 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 establish a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. This legislation provides the legislative basis for the issuance of regulations and directives to maintain airworthiness, thereby addressing the need for a unified and robust system to govern civil aviation activities within Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing the specific requirements, including the process for issuing airworthiness directives (ADs). ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, facilitating the implementation of safety measures mandated by the State of Design and adopted by the State of Registry, in accordance with the Convention on International Civil Aviation. This legislative approach ensures that Australia meets its international obligations while maintaining high safety standards in its civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations for the interests of safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. These ADs, being legislative instruments under the Legislative Instruments Act 2003, are designed to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is tasked with ensuring compliance with these directives. Notably, ADs do not require public consultation or a Regulatory Impact Statement as they are issued in response to international obligations and directives from the State of Design. The application of this Act and its regulations extends to all aircraft registered in Australia, and its scope is governed by both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) together facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in section 98 of the Act and regulation 39.001 of the CASR. These directives are crucial instruments for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with the principles set forth in Annex 8 to the Convention on International Civil Aviation. According to subregulation 39.001(5) of the CASR, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the CASR on CASA and other entities are significant. CASA, as Australia’s national airworthiness authority, must assess airworthiness information provided by the State of Design and issue corresponding Australian ADs when necessary. This obligation ensures that Australian aircraft comply with international standards and that safety measures are uniformly applied across the fleet. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to enforce these directives, ensuring that each aircraft meets the safety standards set forth by the ADs.
Failure to comply with an AD can lead to severe consequences, including both civil and criminal penalties. While the specific penalties for non-compliance are not detailed in the provided text, it is generally understood that breaches of aviation safety regulations can result in substantial fines and, in severe cases, imprisonment. The regulatory framework ensures that such directives are rigorously enforced to maintain the highest standards of aviation safety.
The process for issuing ADs, as seen with AD 2005-20-05 affecting Boeing 767 model aircraft, highlights the international coordination required. CASA’s issuance of Australian AD/B767/215, in response to an AD from the United States (the State of Design), exemplifies this cooperation. Importantly, due to the international nature of these directives and the urgency often associated with airworthiness issues, these ADs are typically issued without public consultation. Additionally, the Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement, streamlining the process further.