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 2007-0295R1-E affecting Agusta A109 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/A109/60, Amendment 1, which will become effective on 07 December 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, as stipulated in section 98. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, as per regulation 39.001. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these directives is pivotal in maintaining the continuing airworthiness of aircraft, a responsibility mandated under Annex 8 of the Convention on International Civil Aviation. The ADs are essential tools for communicating necessary safety information from the State of Design to the States of Registry, ensuring that aircraft operating within Australia meet international safety standards. The ADs are issued by CASA in response to international directives, without requiring public consultation, as determined by the Office of Best Practice Regulation, which has also ruled that these directives do not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2007L04644, establish the framework for issuing airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs serve as legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The issuance of ADs is in line with the Convention on International Civil Aviation, which designates the State of Design as responsible for the ongoing airworthiness of an aircraft type, with the State of Registry ensuring compliance. For example, in response to an AD issued by the European Aviation Safety Authority for Agusta A109 model helicopters, CASA issued AD/A109/60, Amendment 1, effective from 07 December 2007. This AD replaces previous directives and mandates specific requirements in Australia. The process of issuing these directives does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their technical nature and international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (39.001(5)). These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are designed to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the ongoing airworthiness of that aircraft type. This includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered, to ensure their airworthiness. When a State of Design issues an AD, the State of Registry, in this case CASA, must evaluate the information and, if necessary, issue its own AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA. Firstly, CASA must assess information from the State of Design concerning an AD, ensuring that any necessary adjustments are made to comply with Australian standards. CASA must also issue its own ADs if it deems them necessary to maintain airworthiness. Additionally, CASA must ensure that these directives are consistent with international standards and practices as outlined in the Convention on International Civil Aviation. The authority to issue ADs is granted under subsection 84A(2) of the Civil Aviation Act 1988, and CASA must act in accordance with this provision when issuing such directives.
Violations of airworthiness directives can lead to serious consequences. Non-compliance with an AD can result in the grounding of an aircraft, rendering it unfit for flight until the required modifications or inspections are performed. This can cause significant operational disruptions and financial losses for airlines and other operators. In severe cases, failure to adhere to an AD can lead to criminal charges, particularly if the non-compliance results in an accident or incident. Under the Civil Aviation Act 1988, those found guilty of violating airworthiness directives may face substantial fines and imprisonment. For example, individuals can be fined up to $210,000, and corporations can face fines of up to $1,050,000. These penalties underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.