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 2009-20-02 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/B767/254, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with a focus on ensuring safety in air navigation. It provides the legislative basis for the issuance of airworthiness directives through regulation 39.001 of the Civil Aviation Safety Regulations 1998, enabling the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. This Act addresses the need for a cohesive framework to manage the safety and airworthiness of aircraft within Australia, aligning with international standards and obligations under the Convention on International Civil Aviation. The introduction of airworthiness directives through this Act allows CASA to respond appropriately to safety issues identified by the State of Design, ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the United States for the Boeing B767 model aircraft, has primary responsibility for the airworthiness of the aircraft type, while the State of Registry, which is Australia, must ensure the ongoing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must therefore assess ADs issued by the State of Design and, when appropriate, issue corresponding Australian ADs to mandate the necessary requirements. This process ensures compliance with international standards and facilitates the safe operation of aircraft in Australia. The issuance of Australian AD/B767/254, effective from 19 November 2009, is a direct response to the US Federal Aviation Administration's AD 2009-20-02, reflecting Australia's commitment to international civil aviation agreements and safety protocols.
Key Provisions
The Civil Aviation Act 1988, in section 98, provides the authority for the Governor-General to enact regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers 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 section 6 of the Legislative Instruments Act 2003, and their issuance follows the provisions outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. ADs are integral to maintaining the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for ensuring the airworthiness of a particular aircraft type.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Registry of an aircraft is tasked with ensuring the continuing airworthiness of that specific aircraft. This obligation extends to implementing or adopting the necessary requirements to meet this responsibility, as stipulated in Annex 8. When a State of Design issues an AD, CASA, as the national airworthiness authority, must evaluate the directive and, if deemed necessary, issue a corresponding Australian AD. This process was followed in the case of AD 2009-20-02 issued by the US Federal Aviation Administration (FAA) for Boeing B767 model aircraft, where the USA is the State of Design. CASA issued Australian AD/B767/254, effective from 19 November 2009, after assessing the FAA's directive.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include a duty to assess ADs issued by the State of Design and, where necessary, to issue corresponding Australian ADs to mandate the required safety measures. This ensures that aircraft registered in Australia meet the necessary safety standards as outlined by the relevant State of Design. The process is conducted without public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement. This AD was issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail offences or penalties for non-compliance with ADs, but failure to adhere to an AD can result in serious consequences under other sections of the Act. Non-compliance with ADs can lead to aircraft being deemed unairworthy, which may result in grounding of the aircraft, thereby preventing operation until the required measures are implemented. Additionally, operators failing to comply with ADs may face enforcement actions, including fines or other penalties as prescribed by the relevant aviation regulations or determined by a court. The specific consequences for non-compliance will depend on the severity of the violation and the applicable laws and regulations.