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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the Boeing 767 aeroplane by the Federal Aviation Administration in the USA. The USA is the State of Design of the Boeing 767. CASA has identified seven ADs issued between 1988 and 2005 that were not mandated in Australia but which may be applicable, or may have been applicable in the past, to some of the twenty nine Boeing 767 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these seven USA ADs in an AD called AD/B767/256 Amdt 1 State of Design Airworthiness Directives. AD/B767/256 Amdt 1 will become effective on 10 September 2010. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate the safety and efficiency of civil aviation within Australia. This Act allows the Governor-General to create regulations that ensure the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO). CASA's role is to assess and mandate these ADs in Australia to maintain the continuing airworthiness of aircraft registered in the country. This specific AD/B767/256 Amdt 1, which became effective on 10 September 2010, addresses the need to mandate certain US Federal Aviation Administration ADs for the Boeing 767 aircraft registered in Australia, ensuring adherence to international obligations and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are issued in the interests of ensuring the safety of air navigation and are applicable to all aircraft registered within Australia. The ADs are formulated in response to obligations under the Convention on International Civil Aviation and are designed to mandate safety measures established by the State of Design, which in the case of the Boeing 767, is the United States of America. The AD/B767/256 Amdt 1, effective from 10 September 2010, addresses seven specific ADs issued by the Federal Aviation Administration between 1988 and 2005 that were previously unmandated in Australia. The AD encompasses twenty-nine Boeing 767 aeroplanes on the Australian register of civil aircraft. As these directives are issued under international obligations and are regulatory in nature, no public consultation was deemed necessary, and the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. Regulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is essential for maintaining airworthiness standards in alignment with international conventions.
The obligations imposed by this legislation on CASA include a rigorous process of evaluating airworthiness directives issued by the State of Design, which for the Boeing 767 is the United States of America. CASA must assess these directives to determine their applicability to aircraft registered in Australia. If deemed necessary, CASA must then issue corresponding Australian ADs to ensure that the safety and airworthiness requirements are consistently enforced across all aircraft registered within its jurisdiction. This involves not only the assessment of existing ADs but also the potential issuance of new directives to address any identified gaps in compliance or safety.
Failure to comply with the mandates set forth in these airworthiness directives can lead to serious consequences. The Civil Aviation Act 1988 and associated regulations hold aircraft operators and owners accountable for adhering to the specified airworthiness requirements. Non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can lead to imprisonment, reflecting the seriousness with which these safety regulations are viewed. The exact penalties are determined based on the nature and severity of the breach, with potential maximum penalties as outlined in the relevant legislation.
The regulatory process ensures that all ADs are thoroughly vetted and that any necessary actions are communicated effectively to all relevant stakeholders. This includes issuing clear directives and providing sufficient guidance to ensure that operators are fully aware of their obligations. By maintaining stringent oversight and clear communication, CASA aims to uphold the highest standards of aviation safety and airworthiness within Australia.