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 US FAA has issued AD 95-15-01 affecting Boeing 767 model aircraft. The USA is the State of Design for this/ type. CASA has assessed this AD and as a result has cancelled Australian AD/B767/59, Amendment 1. The cancellation will become effective on 22 December 2005. No replacement AD is required, as the original unsafe condition has been corrected by AD/B767/75 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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, serves as the primary legislative framework governing civil aviation in Australia. This Act was introduced to establish a robust regulatory system that ensures the safety and efficiency of civil aviation. Under the authority conferred by section 98 of the Act, the Governor-General can make regulations aimed at enhancing the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements and are crucial for maintaining the continuing airworthiness of aircraft. The objective of these regulations is to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for ensuring an aircraft type's continuing airworthiness, with the State of Registry enforcing these requirements within its jurisdiction. The ADs issued by CASA reflect Australia's commitment to these international obligations and ensure compliance with safety standards set forth by the International Civil Aviation Organization (ICAO).
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 specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are crucial for maintaining the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. The State of Design, such as the United States for the Boeing 767 model aircraft, holds the primary responsibility for ensuring the airworthiness of aircraft types, and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, assesses these international ADs and, if appropriate, issues corresponding Australian ADs to enforce the required safety measures. In the case of AD 95-15-01 issued by the US Federal Aviation Administration (FAA), CASA assessed the directive and subsequently cancelled the Australian AD/B767/59, Amendment 1, effective from 22 December 2005, due to the original unsafe condition being corrected by AD/B767/75 Amendment 1. Given the nature of these regulatory actions and their alignment with international obligations, no public consultation or Regulatory Impact Statement was required. The AD was issued by the Manager, Airframes within CASA’s Manufacturing, Certification and New Technologies Office, under the authority of subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. One of the key regulations under this Act is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a means to maintain the airworthiness of aircraft by addressing safety issues and specifying necessary corrective actions.
Compliance with ADs is mandatory for aircraft operators and other entities governed by these regulations. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure compliance with ADs. Similarly, aircraft manufacturers and operators must adhere to the directives issued by CASA, which acts as Australia's national airworthiness authority. This includes implementing any necessary modifications, conducting inspections, and ensuring that all aircraft meet the safety standards outlined in the ADs.
Breaches of airworthiness directives can lead to serious consequences. Under section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments, and non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could entail imprisonment or further financial penalties. The exact penalties depend on the severity of the breach and the specific circumstances of the case. Additionally, failure to comply with ADs can lead to the grounding of aircraft, which can have significant operational and financial implications for airlines and other operators.
The Civil Aviation Safety Regulations 1998 also state that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning that they can be reviewed and potentially disallowed by the relevant parliamentary committee. This oversight mechanism ensures that ADs are both necessary and proportionate, and it provides an additional layer of accountability in the regulatory process. Furthermore, while ADs are generally considered to be outside the scope of public consultation, significant changes or new directives may still undergo review to ensure they meet the necessary standards of transparency and public interest.