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 2005-25-25 affecting Boeing B767 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/219, which will become effective on 16 March 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 Manager, New Technologies and Systems, 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, enacted by the Australian Parliament, is a fundamental piece of legislation aimed at ensuring the safety and regulation of civil aviation within Australia. The Act provides the framework under which the Civil Aviation Safety Regulations 1998 were created, enabling the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments under the Acts Interpretation Act 1901, in response to the continuing airworthiness requirements as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are issued to ensure compliance with international standards and to address safety concerns that may arise from the design or operation of aircraft. The issuance of ADs is a critical function of CASA, which, as Australia’s national airworthiness authority, must align with the requirements set by the relevant State of Design, ensuring that Australian aircraft meet international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are issued in the interests of ensuring the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. The State of Design, as defined in Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to facilitate this. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the required safety measures. This process ensures that aircraft registered in Australia meet international airworthiness standards. While this AD is issued under Australia’s obligations to the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, it has not undergone public consultation as per regulatory norms.
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 safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901, as well as the Legislative Instruments Act 2003.
The obligations imposed by the ADs primarily rest with CASA and the State of Registry of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to the appropriate State of Registry. In turn, the State of Registry, which in the case of Australia is CASA, must assess the information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft within Australia's jurisdiction meet international safety standards.
Failure to comply with the requirements outlined in an AD can lead to significant legal consequences. The regulations do not explicitly detail the specific offences, penalties, or consequences for non-compliance. However, non-compliance with an AD can be considered an offence under the Civil Aviation Act 1988, potentially resulting in criminal charges. Additionally, an aircraft that does not comply with the AD may be deemed unairworthy, leading to enforcement actions such as grounding the aircraft. The precise penalties for non-compliance may vary but can include substantial fines and potential imprisonment for individuals or corporate entities found in breach of the AD requirements.