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 2009-06-19 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/B767/251, which will become effective on 4 June 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, enacted by the Australian Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation. In 2009, the Civil Aviation Safety Regulations 1998 were amended to address the need for effective and consistent enforcement of airworthiness standards across different types of aircraft and aeronautical products. Regulation 39.001 enables the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate compliance with safety standards. The authority to issue ADs is derived from the international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types, and to the State of Registry for individual aircraft. This legislative framework aims to ensure that Australian civil aviation adheres to international safety standards and effectively manages the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments under Australian law, serve as a mechanism to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues these directives, and it is the duty of the State of Registry, in this case CASA, to assess and, if necessary, mandate these requirements for aircraft registered in Australia. For instance, in response to the United States Federal Aviation Administration’s (FAA) AD 2009-06-19 affecting Boeing B767 model aircraft, CASA has issued its own AD/B767/251, set to become effective on 4 June 2009. This AD was formulated under Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation was deemed necessary. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process for ensuring compliance with international airworthiness standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are critical for ensuring the continuing safety of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. As per subregulation 39.001(5), ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The issuance of ADs is mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, and requires it to provide necessary information to the States of Registry. Consequently, the State of Registry must implement measures to ensure the ongoing airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with evaluating and, if necessary, issuing Australian ADs to align with directives from the State of Design.
Entities and individuals governed by these regulations face specific obligations. For example, aircraft operators and owners must comply with ADs applicable to their aircraft, ensuring that any specified maintenance, repairs, or modifications are performed within the stipulated timeframes. These directives may include inspections, repairs, or even the grounding of aircraft if necessary. CASA mandates that all ADs must be communicated to relevant stakeholders, including aircraft operators and maintenance providers, to ensure widespread compliance. Furthermore, these directives may require the reporting of compliance status to CASA, ensuring regulatory oversight and enforcement.
Non-compliance with airworthiness directives can lead to serious consequences, both civil and criminal. Under the Civil Aviation Act 1988, failure to adhere to ADs can result in enforcement actions by CASA, including fines, suspension of airworthiness certificates, or even criminal charges for serious breaches. The severity of the penalty often depends on the nature and extent of the non-compliance. For instance, operating an aircraft that does not meet the requirements of an AD can incur fines up to $11,100 for individuals and $55,500 for corporations, as well as imprisonment for up to two years. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.