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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B767/242 affecting Boeing 767 series aeroplanes. The United States FAA issued AD 2008-11-01 R1 on 28 December 2009 which supersedes the requirements of AD/B767/242 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 12 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia and provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs). Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Regulation 39.001(5) of the Civil Aviation Safety Regulations 1998 identifies ADs as disallowable instruments, classifying them as legislative instruments under the Legislative Instruments Act 2003. This legislative process ensures that ADs align with the overarching goal of maintaining air safety as prescribed by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the United States for Boeing 767 aircraft, holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, assesses this information and issues corresponding ADs to mandate compliance. The AD/B767/242, which affected Boeing 767 series aeroplanes, has been cancelled following the issuance of a superseding AD by the United States Federal Aviation Administration (FAA). The AD cancellation process reflects the collaborative nature of international civil aviation regulation, ensuring safety standards are consistently applied across jurisdictions.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The issuance of an AD is a legislative instrument under the Legislative Instruments Act 2003 and serves as a means for the State of Registry to mandate continuing airworthiness requirements. This regulatory mechanism is particularly pertinent for aircraft types designed in other countries, such as the Boeing 767 series aeroplanes, where CASA must assess and potentially issue an Australian AD to align with the directives from the State of Design. In this context, the AD/B767/242 issued by CASA was superseded by a United States Federal Aviation Administration (FAA) AD, leading to its cancellation effective from 12 January 2010. This process underscores the international collaboration required to maintain airworthiness standards, as well as the specific regulatory authority CASA exercises under the Civil Aviation Act and its associated regulations.
Key Provisions
The main operative sections of the Civil Aviation (Safety) Regulations 1998, particularly regulation 39.001, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as specified in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are a common form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia.
The obligations imposed by these regulations are significant. The State of Design, which is the country where an aircraft is designed, has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess information from State of Design ADs and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design.
Any failure to comply with these regulations can lead to serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the offences, penalties, or civil/criminal consequences for breach in this context. However, non-compliance with ADs can result in the grounding of aircraft, which can have substantial economic and safety implications. CASA has the authority to enforce compliance through various means, including fines, legal actions, and potentially grounding aircraft until compliance is achieved. The exact penalties can vary, but they are intended to ensure the highest standards of air safety and compliance with airworthiness requirements.