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 United States FAA has issued AD 2008-22-11 affecting aircraft listed in Schedule 1 of this explanatory statement. The United States of America is the State of Design for products fitted under various supplementary type certificates. CASA has assessed this AD and has issued Australian ADs as listed Schedule 1 of this explanatory statement, which will become effective on 15 January 2009.
As these ADs are 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
These ADs has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
Aircraft | FAA STC | Australian AD |
Boeing Model 727 series aeroplanes | SA62NE, SA392NE, SA530NE | AD/B727/216 |
Boeing Model 727-100 series aeroplanes | SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY |
Boeing Model 727-200 series aeroplanes | SA84NE, SA387NE, SA450NE, SA496NE |
Boeing Model 737-200 series aeroplanes | SA83NE, SA725NE (unless installed with SA725NE-D, Configuration 7), SA1078NE, SA1265EA | AD/B737/350 |
Boeing Model 737-200C series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-300 series aeroplanes | SA500NE, SA542NE, SA553NE, SA714NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-400 series aeroplanes | SA553NE, SA725NE (unless installed with SA725NE-D, Configuration 7) |
Boeing Model 737-500 series aeroplanes | SA725NE (unless installed with SA725NE-D, Configuration 7), ST00040NY, ST01337NY |
Boeing Model 737-700 series aeroplanes (increased gross weight) | ST00936NY-D (unless installed with Configuration 3), ST01650NY-D |
Boeing Model 737-800 series aeroplanes | ST01384NY, ST01384NY-D |
Boeing 767-200 series aeroplanes | STC ST00840NY | AD/B767/249 |
Bombardier CL-600-2B19 (Regional Jet Series 100 and 440) | STC ST00365NY, ST00365NY-D (unless installed with Configuration 5). | AD/CL-600/106 |
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a legal framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that safeguard the interests of air navigation safety. Complementing the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 were established to enforce safety standards across the civil aviation sector. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry have defined responsibilities.
In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning specific aircraft models, CASA has evaluated the relevant information and issued corresponding Australian ADs, as detailed in Schedule 1 of the explanatory statement. These Australian ADs, which will take effect on 15 January 2009, mandate the compliance with the requirements outlined by the State of Design to ensure the continuing airworthiness of the affected aircraft types registered in Australia. Given the international obligations under the Convention on International Civil Aviation, no public consultation was deemed necessary for these ADs, and the Office of Regulatory Review has concluded that a Regulatory Impact Statement is not required. These ADs have been issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group of CASA, in accordance with the provisions of the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of civil aviation in Australia, particularly focusing on the airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of ADs aligns with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is required to assess ADs issued by the State of Design and may issue corresponding Australian ADs, as seen with the recent issuance of ADs in response to the United States Federal Aviation Administration's AD 2008-22-11 for various Boeing and Bombardier aircraft models. These ADs, which detail specific aircraft and supplementary type certificates, become effective on 15 January 2009, and their issuance does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations to ensure the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are issued in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in this case, CASA as Australia’s national airworthiness authority, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction.
Under these regulations, CASA must assess any ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce the requirements of the State of Design. In the case of the ADs listed in Schedule 1 of the explanatory statement, CASA has assessed the United States Federal Aviation Administration’s (FAA) AD 2008-22-11 and issued Australian ADs for various Boeing and Bombardier aircraft models. These Australian ADs will take effect from 15 January 2009. Given the international obligations under the Convention on International Civil Aviation and the direct response to a State of Design AD, no public consultation has been required. The Office of Regulatory Review has also determined that these ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed by these ADs include the mandatory compliance by the aircraft operators, which means they must adhere to the specific maintenance, repair, and operational requirements outlined in the ADs. Failure to comply with these ADs can result in serious safety risks, and the Civil Aviation Safety Regulations 1998 provide for penalties and enforcement actions against non-compliant aircraft or operators. While the specific penalties are not detailed in the explanatory statement, violations of airworthiness requirements can lead to severe consequences, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges. These regulatory measures are crucial in maintaining the high safety standards expected in the aviation industry.