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.
AD/B767/41 was originally raised in 1990 to mandate an inspection of the Boeing 767 aircraft. AD/B767/41 matched USA AD T90-09-51 issued in the United States of America, the state of design of the Boeing 767. It has come to CASA’s attention that USA AD T90-09-51 has been replaced by 91-21-10. CASA has decided to amend AD/B767/41 to specify USA AD 91-21-10. The amended AD, AD/B767/41 Amdt 1, will become effective on 30 July 2010. The amended AD cancels and replaces the original 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 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 provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for safety and regulation in the aviation industry. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are critical for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are managed in accordance with the Legislative Instruments Act 2003. The objective of these regulations is to mandate safety standards and procedures as determined by the State of Design and to be implemented by the State of Registry, thereby maintaining the high safety standards required in the aviation industry.
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) that mandate specific actions for certain types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia, reflecting both Australia’s commitments under the Convention on International Civil Aviation and the requirements set by the aircraft's State of Design. The ADs are legislative instruments that CASA issues to comply with international standards and to address specific safety concerns identified by the relevant State of Design. The authority to issue these directives is crucial for maintaining safety standards across the aviation industry in Australia, ensuring that aircraft meet necessary safety requirements both domestically and in alignment with international regulations.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are governed by the Legislative Instruments Act 2003. This regulatory framework ensures that CASA can mandate specific requirements to maintain the continuing airworthiness of aircraft types registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA has a duty to assess and, where necessary, issue ADs in response to continuing airworthiness information provided by the aircraft's State of Design. This includes issuing Australian ADs when the State of Design issues corresponding directives. CASA, as Australia's national airworthiness authority, is responsible for ensuring that these directives are aligned with international obligations and implemented effectively within the Australian aviation context. The State of Registry of an individual aircraft also holds a responsibility to ensure the continuing airworthiness of aircraft, developing or adopting requirements as necessary.
Failure to comply with ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. The Act and Regulations establish specific offences and penalties for non-compliance, which can include both civil and criminal liabilities. The exact penalties depend on the severity of the breach and may include fines and imprisonment. Ensuring compliance with ADs is crucial for maintaining the safety standards required by the ICAO and the national regulatory framework.