CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 issued AD 85-09-02, affecting Boeing 767 aircraft, in 1985. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to documentation specified in the AD. The amended AD, AD/B767/4 Amendment 1, will become effective on 17 February 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation activities within Australia and its territories, ensuring the safety and efficiency of civil aviation. One significant aspect of this Act is the provision for the creation of regulations to maintain the safety of air navigation, as highlighted in section 98. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products, under regulation 39.001. These directives are designed to address issues that could affect the continuing airworthiness of aircraft and are a common practice among ICAO Contracting States, including Australia, in line with Annex 8 of the Convention on International Civil Aviation. The objective of these regulations is to ensure that aircraft remain airworthy, aligning with international standards and the responsibilities of both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 establish the framework for issuing airworthiness directives (ADs) in Australia, which are regulations designed to ensure the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are made under the authority of the Act and serve as a mechanism to mandate airworthiness requirements. The ADs are issued in response to obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for the individual aircraft. The ADs are applicable to all aircraft registered in Australia and are issued by CASA to ensure compliance with both domestic and international safety standards. While ADs are typically issued without public consultation due to their regulatory nature and the international obligations they address, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance and amendment of ADs are carried out by CASA, reflecting Australia's commitment to maintaining high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety, and the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs, which are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, serve as a crucial mechanism for maintaining aircraft airworthiness. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, including providing necessary information to appropriate States of Registry. Conversely, the State of Registry of an individual aircraft is responsible for ensuring its ongoing airworthiness. Consequently, when the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
Under these provisions, CASA has the authority to issue ADs that mandate specific maintenance, inspection, or operational requirements to ensure the safety of aircraft. For instance, CASA has amended the Australian AD for Boeing 767 aircraft, following a US Federal Aviation Administration (FAA) AD issued in 1985 (AD 85-09-02). The amended AD, designated as AD/B767/4 Amendment 1, updates references to specific documentation required by the AD and will take effect on 17 February 2005, cancelling and replacing the previous AD. Because this AD is issued in response to an AD from the relevant State of Design and in accordance with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was deemed necessary. Moreover, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The AD is issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and the States of Design and Registry include ensuring that any necessary information to maintain the continuing airworthiness of aircraft types is provided and appropriately communicated. CASA must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. The State of Design must issue ADs to address safety issues, while the State of Registry is responsible for ensuring that aircraft meet these AD requirements. Failure to comply with these ADs can result in significant safety risks, including potential accidents or incidents.
Breaches of the ADs can lead to severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, operators who fail to comply with an AD can be subject to civil penalties, including fines of up to $15,000 for individuals and $75,000 for corporations. Additionally, CASA can issue a Notice of Proposed Enforcement Action, which can result in the suspension or revocation of an aircraft’s certificate of airworthiness. Criminal penalties can also apply, with offenders potentially facing imprisonment of up to two years for serious violations. These stringent measures underscore the importance of adhering to ADs to maintain the high safety standards required in civil aviation.