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/B767/64 affecting Boeing B767 series aeroplanes in 1992. 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, New Technology and Regulatory Trends, in 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 provide for the regulation of civil aviation in Australia, with a primary focus on ensuring safety and efficiency within the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments designed to maintain the airworthiness of aircraft and aeronautical products, ensuring they meet necessary safety standards. The State of Design has the responsibility to provide continuing airworthiness information, which is typically communicated through ADs, while the State of Registry ensures the airworthiness of individual aircraft. The enactment of these regulations addresses the need for a systematic approach to maintaining the safety and airworthiness of aircraft operating within Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
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) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, and they serve as legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Registry, including CASA in the Australian context, is responsible for the continuing airworthiness of registered aircraft and must adopt or develop necessary requirements. In this specific case, CASA issued AD/B767/64 for Boeing B767 series aeroplanes in 1992, which has now been cancelled effective 22 October 2009, as the original unsafe condition no longer exists. The cancellation of this AD does not require consultation with the Australian public or a Regulatory Impact Statement, as it reduces regulatory burden. The decision to cancel the AD was made by the Manager, New Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables 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 per section 46A of the Acts Interpretation Act 1901 and are considered disallowable instruments. The State of Design holds the responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure ongoing airworthiness. This information typically takes the form of ADs, which are issued by most International Civil Aviation Organization (ICAO) Contracting States.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This obligation includes developing or adopting requirements to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the requirements. For example, in 1992, CASA issued AD/B767/64 for Boeing B767 series aeroplanes. After review, CASA has decided to cancel this AD, effective from 22 October 2009, as the unsafe condition it addressed no longer exists. No replacement AD is required.
The process of issuing, reviewing, and cancelling ADs is overseen by CASA. Under section 84A(2) of the Act, the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, can make ADs on behalf of CASA. The AD cancellation was made without public consultation as it reduces regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Breaches of ADs can lead to significant consequences. Non-compliance with ADs may result in the aircraft being deemed unairworthy, leading to potential criminal charges and penalties. For instance, under section 52 of the Civil Aviation Act 1988, an individual could face imprisonment for up to 2 years or a fine of up to $12,600 for operating an aircraft that does not comply with an AD. Additionally, CASA may impose administrative penalties, such as fines or grounding of the aircraft, for non-compliance. These measures are in place to ensure that all aircraft meet the required safety standards, thereby protecting the public and maintaining the integrity of the aviation system.