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 2007-24-08 affecting Boeing B767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/226, Amendment 1, which will become effective on 14 February 2008. 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 Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive oversight of the aviation industry to ensure public safety and international compliance. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing these regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which mandate specific actions to ensure aircraft safety, are issued in line with international standards set by the International Civil Aviation Organization (ICAO) and require Australia’s adherence to the obligations of the Convention on International Civil Aviation. CASA, acting as the national airworthiness authority, issues these ADs to maintain the continuing airworthiness of aircraft registered in Australia, particularly in response to directives from the State of Design, as exemplified by the issuance of Australian AD/B767/226, Amendment 1, in response to a U.S. Federal Aviation Administration AD.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives in Australia. Under the Act, the Governor-General has the power to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives for types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are a response to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design, and mandates that the State of Registry ensure the continuing airworthiness of individual aircraft. Consequently, when the US FAA issues an AD for a Boeing B767, CASA must assess and, if necessary, issue an Australian AD to align with the requirements of the State of Design. The AD in question, AD/B767/226, Amendment 1, issued by CASA, replaces a previous directive and will become effective on 14 February 2008. Given that the AD is a direct response to an international obligation and not subject to public consultation, it has been determined that a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. As specified in subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Obligations and requirements under these regulations involve the State of Design, which is responsible for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
In cases where ADs are issued due to obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, consultation with the Australian public is not required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question, AD/B767/226, Amendment 1, was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Regarding penalties and consequences, while the primary focus of ADs is on ensuring safety and compliance, failure to adhere to these directives can lead to significant civil and criminal penalties. Non-compliance may result in the grounding of aircraft, fines, or even criminal charges for those responsible. The specific penalties can vary based on the severity of the breach and the associated risks to safety.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are integral to maintaining the safety and airworthiness of aircraft, with specific obligations placed on both the States of Design and Registry. CASA plays a critical role in assessing and implementing these directives to ensure compliance and safety standards are met.