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 2007-04-16 affecting Boeing 767 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/229, which will become effective on 12 April 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, 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a focus on enhancing air navigation safety. The Civil Aviation Safety Regulations 1998, which are subsidiary legislation under this Act, further define the procedures for issuing airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The enactment of these regulations addresses the need for consistent and internationally compliant aviation safety standards in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, thereby extending the application of the Act to these entities and their operations. The ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs is guided by international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and the State of Registry as responsible for the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) for Boeing 767 aircraft, CASA issued AD/B767/229, which became effective on 12 April 2007. Given the international obligations and the specific nature of ADs, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was unnecessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and implementation of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General may make regulations for the purposes of the Act, which includes the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) states that an AD is a disallowable instrument, and thus, a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This means that the State of Design must provide all necessary information to ensure the ongoing airworthiness of the aircraft type to the relevant States of Registry. In the case of Australia, CASA, as the national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required measures. For example, the United States Federal Aviation Administration (FAA) has issued AD 2007-04-16 for Boeing 767 aircraft, and CASA has subsequently issued Australian AD/B767/229, which will take effect on 12 April 2007.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both the State of Design and the State of Registry. The State of Design must provide the necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this case CASA, must assess the ADs from the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required measures. These obligations ensure that the aircraft remain airworthy and comply with international safety standards.
There are consequences for non-compliance with ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Operators who fail to comply with an AD may face serious safety risks, and CASA can take enforcement actions against non-compliant operators. In severe cases, CASA can impose fines or other penalties, and in the most serious cases, it can suspend or revoke an aircraft's certificate of airworthiness. It is essential for operators to comply with ADs to maintain the safety of air navigation.