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 2008-0011 affecting Agusta AB139 and AW139 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/AB139/1, Amendment 1, which will become effective on 13 March 2008. 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, enacted by the Australian Parliament, was introduced to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives. These directives are legislative instruments and serve as a mechanism to ensure compliance with international safety standards, particularly in response to directives issued by the State of Design as mandated by Annex 8 of the Convention on International Civil Aviation. The policy objective of this Act is to enhance the safety of air navigation by establishing a robust regulatory framework and fostering international cooperation in civil aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to specific types of aircraft or aeronautical products and are issued to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that are in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs. The jurisdictional reach of these directives is national, as CASA acts on behalf of Australia in fulfilling its obligations under international aviation agreements, such as Annex 8 to the Convention on International Civil Aviation. When an AD is issued by a State of Design, CASA is required to assess the information and, if necessary, issue an Australian AD. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. The ADs are legislative instruments and are not subject to public consultation or regulatory impact statements as they are a direct response to international obligations and requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, including those related to air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by the ADs on the parties they govern are primarily focused on maintaining the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of that type to States of Registry, such as Australia. Under Annex 8 to the Convention on International Civil Aviation, States of Registry are required to develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. For example, in the case of AD 2008-0011 issued by the European Aviation Safety Authority (EASA) for Agusta AB139 and AW139 model helicopters, CASA has issued Australian AD/AB139/1, Amendment 1, to mandate the requirements.
Breaching the requirements set out in an AD can have serious consequences. Although the ADs themselves do not require public consultation or a Regulatory Impact Statement, failure to comply with the mandated airworthiness requirements can result in significant penalties. Under the Civil Aviation Act 1988, penalties for non-compliance can include fines and imprisonment. The specific penalties are not detailed in the provided text, but typically, the severity of the penalty depends on the nature and extent of the non-compliance. Additionally, non-compliance can lead to the grounding of an aircraft, which can have severe operational and financial repercussions for the operator.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 play a crucial role in maintaining the safety of air navigation in Australia. They impose stringent obligations on States of Design and States of Registry to ensure the continuing airworthiness of aircraft, and failure to comply can result in significant penalties. The issuance of these directives is a critical mechanism for enforcing international safety standards and ensuring the safety of all aircraft operating within Australia.