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The United States FAA issued AD 90-02-03, affecting Boeing 767 Model aircraft, in 1990, this AD was subsequently superseded by AD 91-02-03 in 1991. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to change the applicability to align with the FAA and to include a later revision of a Boeing 767 service bulletin as alternate method of compliance. The amended AD, AD/B767/39 Amendment 1, will become effective on 24 November 2005. 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 an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation, with one such regulation being the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft types. The State of Registry is responsible for ensuring the airworthiness of individual aircraft, while the State of Design has overarching responsibility for the type's airworthiness and must provide necessary information to other states. The Civil Aviation Act 1988, therefore, addresses the need for consistent and internationally aligned safety regulations in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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, specifically under regulation 39.001. These ADs serve to mandate safety requirements that are necessary for the continuing airworthiness of aircraft, which is a critical function in ensuring the safety of air navigation as outlined in the Act. The issuance of ADs by CASA is a legislative instrument that aligns with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry for maintaining the airworthiness of aircraft. The ADs are tailored to specific aircraft types registered in Australia and are often in response to directives issued by the State of Design, such as the United States in the case of the Boeing 767 Model aircraft. The application of these ADs is comprehensive and jurisdictional, applying to all entities and persons involved in the operation, maintenance, and registration of the affected aircraft within Australia. While the ADs are integral to national safety regulations, they do not generally require public consultation or a Regulatory Impact Statement, as they are typically issued in alignment with international obligations and directives from the relevant State of Design.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued and enforced. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as specified in subregulation 39.001(5), and they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs issued by CASA are aligned with the continuing airworthiness requirements stipulated under Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are primarily focused on ensuring the safety and airworthiness of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. In this context, CASA plays a crucial role in aligning Australian regulations with international standards and ensuring compliance by issuing relevant ADs.
Failure to comply with the requirements set out in an AD can result in significant consequences. The Act and Regulations impose obligations on aircraft operators and owners to adhere to the ADs issued by CASA. Non-compliance with an AD can lead to serious safety risks and may result in enforcement actions against the aircraft operator or owner. The penalties for non-compliance can include fines, suspension or revocation of airworthiness certificates, and other administrative actions. The specific penalties are not detailed in the provided text, but they generally reflect the severity of the non-compliance and its potential impact on aviation safety.