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 United States FAA has issued AD 2005-23-19 affecting Boeing Model 767 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B767/217, which will become effective on 16 February 2006.
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 Acting 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 regulate civil aviation and ensure the safety of air navigation within Australia. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs), to safeguard air navigation safety. This legislation provides the legal framework for the Civil Aviation Safety Regulations 1998, which, in turn, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, therefore, addresses the need for a robust regulatory system to manage and enforce safety standards in the civil aviation sector, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, ensuring adherence to safety standards. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are integral to maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as the United States for Boeing Model 767 aircraft, holds primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, must implement and enforce these directives. This regulatory framework mandates that CASA assesses and issues corresponding Australian ADs when required by international obligations, such as in the case of AD 2005-23-19 from the United States, which CASA has translated into AD/B767/217 for Australian application. This process does not require public consultation or a Regulatory Impact Statement, reflecting the international nature and urgency of airworthiness concerns.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These regulations play a critical role in maintaining the safety and airworthiness of aircraft operating within Australia.
The obligations imposed by these regulations are significant for both CASA and the State of Registry of an individual aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of a particular aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the one issued by the United States FAA for Boeing Model 767 aircraft, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the standards set by the international community are met and adhered to within Australian airspace.
Failure to comply with the requirements set forth in airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may be subject to penalties. The Act provides for civil penalties, including fines and imprisonment, depending on the severity of the breach. Additionally, criminal penalties can apply, where an individual or entity may face imprisonment for up to two years for serious offences. These penalties underscore the importance of adhering to airworthiness directives and maintaining the high safety standards required by aviation regulations.
The process of issuing and enforcing ADs is streamlined and does not require public consultation, as these directives are often issued in response to international obligations or in alignment with ADs from other countries. For example, AD 2005-23-19 issued by the United States FAA regarding Boeing Model 767 aircraft led to the issuance of Australian AD/B767/217 by CASA, which was made without public consultation. This is consistent with the determination by the Office of Regulatory Review that ADs do not require a Regulatory Impact Statement. The AD was issued by the Acting Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that safety measures are implemented efficiently without unnecessary delays.