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 2009-16-06 affecting Boeing 767 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/252, which will become effective on
24 September 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, 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 legal framework for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs). These ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue such directives. This regulatory approach is grounded in Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for aircraft airworthiness. CASA's role as the national airworthiness authority entails assessing and, when necessary, issuing Australian ADs in response to directives from the State of Design, such as the United States Federal Aviation Administration (FAA). This legislative mechanism ensures that safety standards are consistently upheld in alignment with international obligations, without the need for extensive public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued. Under section 98 of the Act, the Governor-General has the power to make regulations that are essential for the safety of air navigation, and regulation 39.001 of the Regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the requirements of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are aligned with the standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In this framework, CASA, as Australia’s national airworthiness authority, assumes the responsibility of issuing Australian ADs that enforce the requirements of the State of Design for aircraft registered in Australia. Notably, the ADs are issued pursuant to international obligations and in response to directives from the relevant State of Design, thereby exempting them from public consultation and the preparation of a Regulatory Impact Statement. The Manager, Future Technology and Regulatory Trends in CASA’s Standards Development and Future Technology Division issues these directives in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential tools in maintaining the safety standards for aircraft operating in Australia. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be annulled if Parliament decides to do so. Furthermore, ADs are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 to the Convention on International Civil Aviation, the State of Design—the country where the aircraft type was designed—bears the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing any necessary information to ensure that aircraft of that type remain airworthy. Correspondingly, the State of Registry—the country where the aircraft is registered—must establish or adopt requirements to ensure the ongoing airworthiness of individual aircraft. When the State of Design issues an AD, such as the one issued by the United States for Boeing 767 series aircraft, CASA must assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements within Australia.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are stringent. CASA, as Australia’s national airworthiness authority, must diligently assess any ADs issued by the State of Design and decide whether to issue a corresponding Australian AD. This ensures that all aircraft registered in Australia meet the required safety standards. Additionally, the State of Registry must ensure that its aircraft comply with the continuing airworthiness requirements, which often involve implementing the directives issued by CASA.
Breaches of the requirements set out in the ADs can lead to significant consequences. Although the specific penalties are not detailed in the provided text, under Australian law, non-compliance with airworthiness directives can result in serious civil and criminal penalties. For instance, failure to comply with an AD can lead to aircraft being grounded or even banned from flying. From a criminal perspective, individuals or corporations found in violation of these regulations could face substantial fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the circumstances of the breach.