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 2008-23-09 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/B767/246, which will become effective on 15 January 2009.
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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, establishing the framework for safety standards, air navigation, and licensing. One of its key provisions is section 98, which empowers the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, further elaborate on these safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that ensure the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. CASA’s role as Australia’s national airworthiness authority involves assessing and, when necessary, issuing Australian ADs in response to directives from the State of Design to maintain safety and compliance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve as a means to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. In this capacity, CASA acts on behalf of the Australian government, issuing ADs that mandate specific safety requirements to be adhered to by the operators of affected aircraft registered in Australia. These directives are often responses to airworthiness issues identified by the State of Design, such as the United States in the case of Boeing B767 model aircraft, necessitating CASA's assessment and subsequent issuance of an Australian AD. This legislative framework underscores CASA's role in maintaining the safety standards of civil aviation within Australia, ensuring compliance with international obligations and domestic safety regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact these regulations, which serve to enhance the safety of air navigation. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs on the relevant parties are quite stringent. The State of Design, in this case the United States for the Boeing B767 model, is mandated to provide any necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which for Australian registered aircraft is CASA, is responsible for developing or adopting requirements that ensure the continuing airworthiness of aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This was demonstrated with the issuance of Australian AD/B767/246 in response to the US FAA’s AD 2008-23-09.
Breaching the requirements of an AD can lead to serious consequences. Although no specific penalties are mentioned in the provided text, it is implied that non-compliance could result in significant civil or criminal penalties. Given that ADs are integral to the safety of air navigation and are issued under the authority of the Civil Aviation Act 1988, failure to adhere to them could potentially lead to severe ramifications, including aircraft being grounded, fines, or other legal actions. The text does not specify the exact penalties, but the overarching goal is to ensure compliance to maintain the highest safety standards in civil aviation.