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 2006-24-04 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/B767/227, which will become effective on 15 February 2007.
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 provide a comprehensive legal framework governing civil aviation in Australia, addressing the need for regulations that ensure the safety of air navigation and the continuing airworthiness of aircraft. This legislation empowers the Governor-General to create regulations, including airworthiness directives, for the enhancement of aviation safety. In line with the Act, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products. The objective of these directives is to mandate safety requirements and ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is responsible for assessing and implementing these directives to uphold the safety standards within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs apply to aircraft registered in Australia and are necessary to maintain their continuing airworthiness, in compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide information that ensures the safety of aircraft in operation. CASA, as Australia's national airworthiness authority, must assess this information and issue corresponding ADs to enforce the necessary safety requirements within Australia. Notably, ADs are legislative instruments and are issued without public consultation due to their international obligations and the direct response to ADs issued by the relevant State of Design. The process of issuing these ADs ensures that Australian aircraft meet the necessary safety standards as mandated by international agreements and domestic regulations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, while 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. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions enable CASA to ensure that aircraft meet necessary safety standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities include ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has primary responsibility for the continuing airworthiness of a particular aircraft type, and must provide relevant information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the original AD. This ensures compliance with international standards and maintains safety within Australian airspace.
Failure to comply with airworthiness directives can result in various legal consequences. While the text does not explicitly detail offences or penalties, it is reasonable to infer that non-compliance with ADs could lead to civil or criminal penalties under the Civil Aviation Act 1988 and other relevant legislation. Non-compliance could potentially result in fines, imprisonment, or other enforcement actions by CASA. Although the specific maximum penalties are not stated in the provided text, they would typically be outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations. Ensuring adherence to ADs is critical to maintaining the high safety standards expected in the aviation industry.