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 2008-08-26 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/B767/241, which will become effective on 5 June 2008.
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 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are aimed at enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments to maintain the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. In the case of Boeing B767 model aircraft, CASA has issued an Australian AD following the evaluation of an AD issued by the United States Federal Aviation Administration, the State of Design, to ensure compliance with international standards and Australian regulatory requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, enable the issuance of airworthiness directives (ADs) to ensure the ongoing safety of aircraft registered in Australia. These regulations apply to the State of Registry, which, in the context of Australian-registered aircraft, is the Australian Civil Aviation Safety Authority (CASA). CASA is responsible for assessing foreign ADs issued by States of Design, such as the United States Federal Aviation Administration (FAA), and, where appropriate, issuing corresponding ADs to mandate compliance for Australian-registered aircraft. This legislative framework underscores the global nature of aviation safety and the collaborative effort required to maintain airworthiness standards. The ADs are legislative instruments subject to disallowance and are created in line with Australia's obligations under the Convention on International Civil Aviation. The specific AD in question, AD/B767/241, responds to an AD issued by the FAA for Boeing B767 model aircraft, reflecting the international cooperation necessary to address safety issues across jurisdictions.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations for the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This is further reinforced by subregulation 39.001(5), which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, thus, as legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design, under Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with ensuring the ongoing airworthiness of the individual aircraft registered within its jurisdiction.
The obligations placed on parties governed by these provisions are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type, and the State of Registry must develop or adopt requirements to maintain airworthiness. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue its own ADs to enforce these requirements. For example, in response to the US Federal Aviation Administration's AD 2008-08-26 for Boeing B767 model aircraft, CASA issued Australian AD/B767/241, which was set to take effect on 5 June 2008. This reflects CASA's role in ensuring compliance with international standards and obligations.
Non-compliance with the requirements set out in an AD can lead to serious consequences. While the text does not specify exact offences or penalties for breaching the ADs, it is reasonable to infer that failure to adhere to these directives could result in severe civil or criminal penalties. Given the critical nature of airworthiness, any breaches could potentially lead to safety issues, thereby risking the safety of passengers, crew, and the general public. The authority to issue ADs and the potential for stringent enforcement underscores the importance of compliance with these safety regulations.