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 nine 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 nine USA ADs in a new AD called AD/B767/256 State of Design Airworthiness Directives. AD/B767/256 will become effective on 20 August 2010.
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, 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 was enacted to ensure the safety of air navigation in Australia, and the Civil Aviation Safety Regulations 1998 provide the framework for regulating civil aviation activities. One of the critical mechanisms under this framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments that ensure aircraft and aeronautical products meet continuing airworthiness standards. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs, and CASA, as Australia's national airworthiness authority, must assess and mandate these directives for aircraft registered in Australia. The AD/B767/256, effective from 20 August 2010, was developed in response to nine USA Federal Aviation Administration ADs for the Boeing 767 aeroplane that were not previously mandated in Australia. This AD ensures compliance with international civil aviation conventions and Australian obligations without public consultation or a Regulatory Impact Statement, reflecting its technical and regulatory nature.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by 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 serve as legislative instruments, binding in nature and essential for ensuring the safety and continuing airworthiness of aircraft registered in Australia. The scope of the ADs extends to all aircraft types registered under the Australian Register, specifically focusing on those types for which the State of Design, such as the Federal Aviation Administration in the USA for the Boeing 767, has issued directives. CASA's role is pivotal in assessing these international directives and, where necessary, issuing corresponding ADs to mandate compliance with Australian airworthiness requirements. The application of AD/B767/256, which consolidates nine USA ADs for the Boeing 767, underscores CASA's commitment to fulfilling international obligations under the Convention on International Civil Aviation while ensuring the safety of the Australian civil aviation fleet. This directive, effective from 20 August 2010, is made without public consultation and does not require a Regulatory Impact Statement, reflecting the nature of its regulatory and safety-focused mandate.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Notably, subregulation 39.001(5) explicitly states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears overall responsibility for an aircraft type and must provide necessary information to the States of Registry. In the Australian context, the State of Registry must adopt requirements to ensure the continuing airworthiness of aircraft. Therefore, when the Federal Aviation Administration (FAA) in the USA issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce the requirements.
The obligations imposed by this legislation on CASA and the States of Registry are significant. CASA, as Australia’s national airworthiness authority, must evaluate ADs issued by the State of Design and determine their applicability to aircraft registered in Australia. If CASA deems an AD necessary, it must issue a corresponding Australian AD to ensure compliance. This process ensures that Australian-registered aircraft meet international safety standards. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, in alignment with the ADs issued by the relevant State of Design.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines. For instance, the Civil Aviation Safety Regulations 1998 outline specific penalties for non-compliance, which can be significant depending on the severity and frequency of the breach. Additionally, non-compliance may result in criminal charges, with potential imprisonment, especially if the non-compliance leads to safety incidents or accidents. The specific penalties vary, but they can include substantial fines and terms of imprisonment for serious breaches.