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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B767/78 Amdt 1 affecting Boeing 767 series aeroplanes. The United States FAA issued AD 2010-03-08 on 22 January 2010 which supersedes the requirements of AD/B767/78 Amdt 1 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 19 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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 legislative framework for ensuring the safety of civil aviation in Australia. This Act empowers the Governor-General to make regulations in the interest of the safety of air navigation. One of the key regulatory mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate corrective actions to ensure the continuing airworthiness of aircraft types registered in Australia, reflecting international standards set by the International Civil Aviation Organization (ICAO). The enactment of this legislation and its associated regulations aims to harmonise Australia’s civil aviation safety measures with global standards, ensuring that aircraft operating in Australian airspace meet stringent safety criteria. The ADs are issued to address specific safety concerns identified by the State of Design and adopted by CASA to maintain the high safety standards required under the Civil Aviation Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, which are legislative instruments, are mandated to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is designed, has the primary responsibility for issuing ADs to maintain airworthiness, while the State of Registry, in this case, Australia, must adopt these directives to ensure compliance with safety regulations. The Manager, Continuing Airworthiness in CASA's Airworthiness and Engineering Branch issues these directives, reflecting CASA's role as Australia’s national airworthiness authority. The cancellation of an AD, such as AD/B767/78 Amdt 1 for Boeing 767 series aeroplanes, is managed in accordance with the Civil Aviation Safety Regulations, with no requirement for public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products (s 39.001). An AD is a legislative instrument that mandates specific safety requirements to ensure the continuing airworthiness of aircraft (s 39.001(5)). The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for the aircraft's ongoing airworthiness and must provide necessary information to States of Registry (Annex 8, Convention on International Civil Aviation). In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for CASA to assess and, if necessary, issue Australian ADs when a State of Design issues an AD for aircraft on the Australian Register (Annex 8, Convention on International Civil Aviation). CASA must also cancel or amend ADs when superseded by newer directives from the State of Design. This was exemplified in the case of AD/B767/78 Amdt 1, which was cancelled upon the issuance of a newer AD by the United States Federal Aviation Administration (FAA), the State of Design for Boeing 767 series aeroplanes. The State of Registry, in this case, Australia, must ensure that all aircraft on its register comply with the ADs issued by the State of Design and CASA.
Failure to comply with the requirements of an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines, and criminal penalties, such as imprisonment, if the non-compliance leads to a safety incident. The specific penalties are not detailed in the provided text, but the Act generally provides for severe penalties for breaches of safety regulations. CASA has the authority to enforce these regulations and may take action against operators who fail to comply with ADs, including grounding aircraft until the necessary actions are taken.