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 2008-22-11 affecting aircraft listed in Schedule 1 of this explanatory statement. The United States of America is the State of Design for products fitted under various supplementary type certificates. CASA has assessed this AD and has issued Australian ADs as listed Schedule 1 of this explanatory statement, which will become effective on 15 January 2009.
As these ADs are 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
These ADs 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.
Schedule 1
Aircraft | FAA STC | Australian AD |
Boeing Model 727 series aeroplanes | SA62NE, SA392NE, SA530NE | AD/B727/216 |
Boeing Model 727-100 series aeroplanes | SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY |
Boeing Model 727-200 series aeroplanes | SA84NE, SA387NE, SA450NE, SA496NE |
Boeing Model 737-200 series aeroplanes | SA83NE, SA725NE (unless installed with SA725NE-D, Configuration 7), SA1078NE, SA1265EA | AD/B737/350 |
Boeing Model 737-200C series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-300 series aeroplanes | SA500NE, SA542NE, SA553NE, SA714NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-400 series aeroplanes | SA553NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-500 series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7), ST00040NY, ST01337NY |
Boeing Model 737-700 series aeroplanes (increased gross weight) | ST00936NY-D (unless installed with Configuration 3), ST01650NY-D |
Boeing Model 737-800 series aeroplanes | ST01384NY, ST01384NY-D |
Boeing 767-200 series aeroplanes | STC ST00840NY | AD/B767/249 |
Bombardier CL-600-2B19 (Regional Jet Series 100 and 440) | STC ST00365NY, ST00365NY-D (unless installed with Configuration 5). | AD/CL-600/106 |
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for these purposes, with the Civil Aviation Safety Regulations 1998 detailing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments issued under the authority of the Act to mandate requirements necessary for maintaining the airworthiness of aircraft. The ADs in question are issued in response to an AD from the United States Federal Aviation Administration (FAA) and are a consequence of Australia's obligations under the Convention on International Civil Aviation. As these ADs are directly in response to international obligations and have been assessed by CASA, there has been no consultation with the Australian public, and a Regulatory Impact Statement has not been required. These ADs were made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Under the Act, the Governor-General is empowered to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve as the primary means of communicating continuing airworthiness information, and they are issued in response to obligations under the Convention on International Civil Aviation. The State of Registry of an aircraft is responsible for ensuring its continuing airworthiness, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. These ADs are issued without public consultation or a Regulatory Impact Statement, as they are mandated by international agreements. The ADs listed in Schedule 1, which will become effective on 15 January 2009, are in response to ADs issued by the United States Federal Aviation Administration (FAA) and concern specific types of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a legal framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations primarily revolve around the continuing airworthiness of aircraft. Under these provisions, the State of Design has the overarching responsibility for the airworthiness of an aircraft type, and must provide necessary information to the State of Registry to ensure continuing airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, when the United States Federal Aviation Administration issues an AD affecting aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the ADs and the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. The Act does not explicitly state penalties for non-compliance with ADs; however, non-compliance with airworthiness regulations generally can lead to enforcement actions, including fines, suspension, or revocation of airworthiness certificates. Additionally, serious breaches may result in criminal charges, which could lead to substantial fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions.