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 2006-09-09 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/B767/222 Amendment 1, 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, enacted by the Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate specific requirements for aircraft or aeronautical products. These ADs serve as a legislative instrument, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 and the subsequent regulations are designed to uphold the safety standards necessary for the operation of aircraft within Australian airspace, reflecting the nation's commitment to international civil aviation agreements and the continuous improvement of aviation safety.
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 are legislative instruments as per the Legislative Instruments Act 2003 and are crucial for ensuring the continuing airworthiness of aircraft registered in Australia. The scope of these regulations extends to all aircraft types registered in Australia, and the authority to issue ADs is rooted in Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to implement the requirements set by the State of Design. This ensures compliance with international standards and the safety of air navigation within Australia. The ADs are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the necessity for swift action in maintaining aviation safety.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, making them subject to disallowance under section 46A of the Acts Interpretation Act 1901. Subregulation 39.001(5) further clarifies this by noting that ADs are disallowable instruments.
The obligations imposed by the Act and its regulations are significant. The State of Design, which in this case is the United States for Boeing B767 series aircraft, bears the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing any necessary information to States of Registry to ensure the safety and airworthiness of the aircraft type. Conversely, the State of Registry, CASA in this context, is required to assess the information provided by the State of Design and, if necessary, issue its own ADs to mandate specific requirements for the aircraft on the Australian Register. This dual responsibility ensures that all stakeholders maintain high safety standards in accordance with international conventions.
Failure to comply with the ADs can lead to serious consequences. The Civil Aviation Act 1988, alongside other relevant regulations, outlines both civil and criminal penalties for non-compliance. These can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the given text but are typically detailed in other sections of the Act or in the relevant regulations. Compliance with ADs is crucial, as they are designed to address safety issues and mitigate risks associated with the operation of aircraft.
The legislative process for issuing ADs is rigorous. As demonstrated in the example of AD 2006-09-09, which was amended by CASA to allow an alternate means of compliance, the issuing authority must follow specific procedures. The AD was issued in response to an international directive and as a result of industry requests, without public consultation, as determined by the Office of Best Practice Regulation. This streamlined process ensures that safety measures are implemented swiftly and efficiently, without unnecessary bureaucratic delays.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing and enforcing airworthiness directives. This framework ensures that both the State of Design and the State of Registry fulfil their obligations to maintain the safety and airworthiness of aircraft. Non-compliance with these directives can result in severe penalties, underscoring the critical importance of adhering to the stipulated requirements.