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 2007-10-03 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/B767/230, which will become effective on 5 July 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 framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations in the interest of aviation safety, and the Civil Aviation Safety Regulations 1998 further outline the procedures and requirements for maintaining the airworthiness of aircraft and aeronautical products. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of ADs is guided by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, necessitating the dissemination of necessary information to the States of Registry, including Australia. This legislative framework ensures that Australia adheres to international standards and obligations while maintaining the safety and airworthiness of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation and oversight of civil aviation in Australia, encompassing various entities such as aircraft operators, aviation service providers, and personnel within the aviation industry. Under the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These directives, being legislative instruments, are subject to disallowance and must comply with the Legislative Instruments Act 2003. ADs are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry must implement these directives. In the case of AD 2007-10-03 issued by the US Federal Aviation Administration for Boeing B767 aircraft, CASA has issued the corresponding Australian AD/B767/230. Due to the international obligations and the nature of the directive, no public consultation was required, and the AD was developed under the authority of the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, empowers the Governor-General to create regulations that support the Act's objectives and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are significant for both CASA and the State of Registry of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (in this case, the USA for Boeing B767 aircraft) holds the primary responsibility for ensuring the continuing airworthiness of aircraft types. This includes providing necessary information to maintain airworthiness to all States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, is then required to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements. This ensures that all aircraft registered in Australia meet international safety standards.
Failure to comply with an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such offences may lead to penalties, including fines and potential criminal charges for operators who fail to adhere to the mandated safety requirements. The exact penalties for non-compliance are not specified in the provided text, but they can be substantial, reflecting the critical nature of maintaining airworthiness in aviation safety.
The process for issuing an AD, as exemplified by AD 2007-10-03 affecting Boeing B767 model aircraft, underscores the regulatory framework's efficiency and responsiveness to international safety concerns. Given Australia's commitments under the Convention on International Civil Aviation, and in response to ADs issued by the relevant State of Design, CASA does not need to consult the Australian public or prepare a Regulatory Impact Statement for such directives. Instead, ADs are issued by authorised personnel within CASA, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. This streamlined process ensures that safety measures are implemented promptly to protect the public and maintain the integrity of the aviation industry.