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 United States FAA has issued AD 2008-23-15 affecting Boeing 767 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/247, 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, Systems and New Technologies 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations in the interests of air navigation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. As the national airworthiness authority, CASA must evaluate such directives and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) as a legislative instrument for ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs, which are crucial for maintaining the continuing airworthiness of aircraft types, are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8. The State of Design, such as the United States in the case of Boeing 767 model aircraft, issues ADs that CASA must assess and, if appropriate, translate into Australian ADs. The ADs apply to the entities and industries involved in the aviation sector, specifically to aircraft operators and manufacturers. They are not subject to disallowance, as they are considered legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these ADs is national, aligning with Australia's commitments under international conventions. There are no stated exclusions or exemptions in this context, but the necessity and urgency of certain ADs may preclude public consultation, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. These regulations are crucial in maintaining the safety standards of aviation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has a defined responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This responsibility is especially pertinent when an AD is issued by the State of Design, which is the country where the aircraft was originally designed. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has an overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. Consequently, when an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
An example of this process is the United States Federal Aviation Administration's (FAA) issuance of AD 2008-23-15, which pertains to Boeing 767 model aircraft. As the United States is the State of Design for this aircraft type, CASA has assessed the AD and subsequently issued Australian AD/B767/247, effective from 15 January 2009. Because this AD is mandated by Australia's obligations under the Convention on International Civil Aviation and is a response to an AD from the relevant State of Design, there has been no consultation with the Australian public on this matter. The Office of Best Practice Regulation has also determined that such ADs do not require a Regulatory Impact Statement.
In terms of compliance and enforcement, any breach of the requirements outlined in an AD can have serious consequences. Although the specific civil or criminal penalties are not detailed within the provided text, it is clear that failing to adhere to an AD could result in significant legal ramifications, including potential fines or other penalties as prescribed by law. The authority to issue such directives and the corresponding responsibilities of CASA underscore the importance of these regulations in maintaining the safety and airworthiness of aircraft operating within Australia.