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 European Aviation Safety Authority (EASA) has issued AD 2006-0353 affecting Agusta A109E model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A109/38, Amendment 1, which will become effective on 15 February 2007. This AD cancels and replaces the previous issue.
As this AD is 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.
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 was enacted to provide a legislative framework ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to create regulations for air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as per international standards outlined in Annex 8 to the Convention on International Civil Aviation. The Australian ADs are issued in response to directives from the State of Design, aligning with Australia's obligations under the Convention, and are assessed and mandated by CASA. This legislative approach ensures compliance with international safety standards and the efficient management of airworthiness directives within Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which applies to all aircraft and aeronautical products registered in Australia. Under regulation 39.001, CASA is authorised to issue ADs for specific kinds of aircraft or aeronautical products, which are intended to ensure the safety of air navigation. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs is governed by international obligations under the Convention on International Civil Aviation, where the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and the State of Registry must ensure compliance with the airworthiness requirements. This international framework necessitates CASA's assessment and potential issuance of Australian ADs when corresponding directives are issued by other States of Design, such as the European Aviation Safety Authority (EASA) for the Agusta A109E model helicopters. As the ADs are issued pursuant to international obligations and in response to directives from the relevant State of Design, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows 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 defined by section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. According to subregulation 39.001(5), ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the type of aircraft, must provide necessary information to the States of Registry to maintain airworthiness.
In line with these regulations, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. For example, when the State of Design, such as Italy, issues an AD for a type of aircraft registered in Australia, CASA, as Australia’s national airworthiness authority, must evaluate this information. If deemed necessary, CASA issues an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards. CASA’s Manager, Airframes, issued Australian AD/A109/38, Amendment 1, in response to EASA’s AD 2006-0353, which pertains to Agusta A109E model helicopters.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to closely monitor ADs issued by the States of Design and to issue corresponding Australian ADs when necessary. This ensures that all aircraft registered in Australia comply with international safety standards. Given the AD's basis on international obligations and its response to an AD from the State of Design, no public consultation was required. Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with an AD may result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, including fines or imprisonment, depending on the severity of the breach. The specific penalties are detailed in the Act and can vary based on the nature and impact of the non-compliance. Adhering to ADs is critical for maintaining the safety and airworthiness of aircraft, both domestically and internationally.