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 2007-21-13 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/B767/232, which will become effective on 20 December 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 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, enacted by the Commonwealth Parliament, is the primary legislation governing civil aviation in Australia and aims to ensure the safety and efficiency of civil aviation. This Act provides the framework for the regulation of civil aviation activities, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective of these directives is to mandate requirements for the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The legislative instruments act under which these directives are classified ensures that they are subject to appropriate scrutiny and accountability mechanisms. As the State of Registry for aircraft registered in Australia, CASA must ensure compliance with these international directives, thereby maintaining the safety and airworthiness of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of safety, and regulation 39.001 specifically empowers CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The application of these directives extends to all aircraft registered in Australia, irrespective of their State of Design or Registry, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). While the Act and its regulations apply nationally, the issuance and enforcement of ADs are driven by international obligations and cooperation, particularly with the State of Design responsible for the aircraft type. There are no public consultations required for ADs as they are issued in response to international safety mandates, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001. These ADs are legislative instruments and are designed to maintain or improve the airworthiness of aircraft or aeronautical products. The authority to issue such directives is a mechanism to ensure that the safety standards required under Annex 8 of the Convention on International Civil Aviation are met. The State of Design, in this case the United States, has the primary responsibility for ensuring the continuing airworthiness of a particular aircraft type, and ADs are the principal means by which this information is disseminated. CASA, acting as the State of Registry for Australian-registered aircraft, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards.
The obligations placed on parties governed by the Civil Aviation Safety Regulations 1998 include adherence to ADs issued by CASA. For instance, once AD/B767/232 becomes effective, all relevant parties, such as aircraft operators and maintenance providers, must comply with its requirements to maintain the airworthiness of Boeing B767 aircraft registered in Australia. CASA's role involves the assessment of foreign ADs, issuing corresponding Australian ADs, and ensuring that the requirements are communicated effectively to the stakeholders. Operators of Boeing B767 aircraft must implement the changes or modifications specified in AD/B767/232 by the stipulated date, failing which they may face regulatory action.
The breach of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civilly, CASA may impose fines, suspend or revoke an aircraft's certificate of airworthiness, or take other corrective actions deemed necessary to ensure compliance. Criminally, individuals or entities found guilty of non-compliance may face substantial fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are not specified in the Civil Aviation Safety Regulations 1998 but would typically align with the severity of the safety risk posed by the non-compliance. It is imperative for all stakeholders to adhere to the ADs to avoid these severe repercussions.