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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
The United States FAA issued AD 2000-19-09 affecting Boeing 767 series aeroplanes. The United States is the state of design for these aircraft. CASA has assessed this AD and has issued AD/B767/255 which will become effective on
26 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes the legislative framework for civil aviation safety in the country. This Act empowers the Governor-General to create regulations that enhance the safety of air navigation. A significant aspect of this legislation is the authority granted to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that aim to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, typically the country where the aircraft is designed, is responsible for issuing ADs, which CASA must then assess and potentially adapt for the Australian context. The objective of these regulations is to maintain the highest safety standards in the operation of aircraft within Australia's jurisdiction.
Scope and Application
The Civil Aviation Act 1988 provides a framework for ensuring the safety of air navigation, and the Civil Aviation Safety Regulations 1998 further detail the implementation of safety measures. Specifically, under section 98 of the Act, the Governor-General may make regulations for air safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety measures for aircraft registered in Australia, and they must be assessed and potentially adopted from ADs issued by the State of Design or other relevant authorities. For example, following the issuance of a United States Federal Aviation Administration (FAA) AD for Boeing 767 series aeroplanes, CASA issued an Australian AD that became effective on 26 February 2010. This process ensures that aircraft registered in Australia comply with necessary safety standards, reflecting both international obligations and domestic regulatory requirements. The issuance of such directives is a critical function of CASA in maintaining the continuing airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations that 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 types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia's national airworthiness authority, to assess any airworthiness directives issued by the State of Design concerning aircraft registered in Australia. If deemed necessary, CASA must issue corresponding ADs that mandate compliance with the directives from the State of Design. This ensures that aircraft registered in Australia continue to meet safety standards as outlined by the State of Design. For instance, following the issuance of an AD by the United States Federal Aviation Administration (FAA) concerning Boeing 767 series aeroplanes, CASA has issued its own AD, AD/B767/255, which will take effect on 26 February 2010.
Breaches of the requirements set out in an AD could result in serious safety implications, as ADs are critical in maintaining the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, but non-compliance with safety regulations generally can result in severe civil or criminal consequences under other provisions of the Civil Aviation Act 1988. These consequences might include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations violated. The overarching objective is to ensure that all aircraft operating in Australia maintain the highest safety standards, and thus, compliance with ADs is crucial for all stakeholders involved.