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 2006-11-12 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, which will become effective on 3 August 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, 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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation in the rapidly evolving field of air transport. This legislation empowers the Governor-General to create regulations that uphold the safety of air navigation, thereby facilitating the oversight and governance of civil aviation activities within the country. In line with this overarching aim, the Civil Aviation Safety Regulations 1998 were established to provide more specific guidelines and requirements for ensuring the safety of aircraft and aeronautical products, including the issuance of airworthiness directives. The Civil Aviation Safety Authority (CASA) is mandated to issue these directives when necessary, adhering to international standards set by the International Civil Aviation Organization (ICAO). The alignment with international obligations and safety standards is paramount, as illustrated by the recent issuance of AD/B767/226 in response to an airworthiness directive issued by the United States Federal Aviation Administration for Boeing B767 aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA are typically in response to continuing airworthiness information provided by the State of Design, which in the case of the Boeing B767 model aircraft, is the United States of America. Australia, as the State of Registry, is obligated to adopt and implement these directives to ensure compliance with international aviation safety standards. The process does not require public consultation or a Regulatory Impact Statement, and it is executed by CASA on behalf of the Governor-General, ensuring that the regulations are applied uniformly and effectively across the Australian jurisdiction.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, defined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, consequently, as legislative instruments per section 6 of the Legislative Instruments Act 2003. The ADs are vital for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bear overall responsibility for the airworthiness of an aircraft type. The State of Registry, in this case, Australia, must adopt or develop the necessary requirements to maintain the airworthiness of the aircraft within its jurisdiction.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have several obligations. The State of Design, such as the United States for the Boeing B767 model aircraft, must issue ADs to address any identified safety issues. CASA, as Australia’s national airworthiness authority, is obligated to assess these ADs and, if deemed necessary, issue corresponding Australian ADs. This process ensures that the safety standards set by the State of Design are adopted and enforced within Australia. Furthermore, the State of Registry must ensure the continuing airworthiness of aircraft registered within its territory by implementing the requirements set forth in these ADs. Failure to comply with these obligations could result in non-compliance with international aviation safety standards and potential risks to aviation safety.
Breaching the provisions of the ADs or failing to comply with the requirements set out in the Civil Aviation Safety Regulations 1998 may lead to significant legal consequences. While the specific offences and penalties are not detailed in the text, such breaches typically result in enforcement actions by CASA. These actions could include the grounding of non-compliant aircraft, fines, or other penalties as prescribed under the Civil Aviation Act 1988. Additionally, operators found in breach of ADs may face operational restrictions or even revocation of their operating certificates, which could severely impact their ability to conduct commercial operations. The maximum penalties for such breaches are not specified in the text but are generally determined by the severity of the non-compliance and the potential risk posed to aviation safety.