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.
CASA issued AD/B767/42 affecting Boeing B767 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation, providing the legislative foundation for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, thereby enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs serve as a legislative instrument under the Legislative Instruments Act 2003 and are designed to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. In this context, CASA, as the national airworthiness authority, is responsible for assessing and issuing ADs based on information from the State of Design and ensuring compliance with airworthiness requirements within Australia. The policy objective behind ADs is to reduce the regulatory burden while maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority is exercised in accordance with section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. These ADs are legislative instruments as per the Legislative Instruments Act 2003. Geographically, the application of these regulations is nationwide, affecting all entities within Australia that are involved in civil aviation, including aircraft manufacturers, operators, and maintenance service providers. While ADs are intended to mandate safety requirements, certain exclusions or exemptions may apply based on specific circumstances or conditions detailed within the directives themselves. The authority to issue ADs is further guided by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, a responsibility that CASA undertakes for aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) through regulation 39.001, which mandates CASA's authority to issue these directives for specific kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to enact regulations for the safety of air navigation, and regulation 39.001(5) under the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby establishing their status as legislative instruments. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft and must develop or adopt requisite requirements to fulfil this responsibility.
Under these legislative frameworks, CASA, as Australia's national airworthiness authority, is obligated to evaluate any ADs issued by the State of Design against aircraft types registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to enforce the requirements set forth by the State of Design. This process was exemplified by the issuance and subsequent cancellation of AD/B767/42, which pertained to Boeing B767 series aeroplanes in 1990. CASA reviewed the directive and determined that the unsafe condition necessitating the AD no longer existed, leading to its cancellation, effective 22 October 2009. No replacement AD was required, and no consultation with the Australian public was conducted due to the reduction in regulatory burden.
The cancellation of AD/B767/42 was authorised by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. It is important to note that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This decision highlights the streamlined nature of AD issuance and cancellation processes when they lead to a reduction in regulatory burdens. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 together ensure that ADs are issued and managed in a manner that prioritises safety and efficiency, thereby maintaining high standards of airworthiness across the Australian aviation sector.