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 2007-0358 (Corrected) affecting Agusta AB 139 and AW 139 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/AB139/3, which will become effective on 20 December 2007.
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 legislative framework governing all aspects of civil aviation in Australia, including the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of the safety of air navigation, as per section 98. Complementing this, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are crucial in maintaining the continuing airworthiness of aircraft as mandated by international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. Given the international nature of civil aviation, Australia, through CASA, must align with the directives issued by the State of Design and ensure compliance with these standards to maintain safety and regulatory consistency across the industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, issued in response to the obligations of Australia under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and requires States of Registry to develop or adopt requirements to ensure aircraft safety. CASA, as Australia's national airworthiness authority, assesses and, if appropriate, issues Australian ADs to mandate the requirements of the relevant State of Design. For instance, in response to an AD issued by the European Aviation Safety Authority for Agusta AB 139 and AW 139 model helicopters, CASA has issued Australian AD/AB139/3. These ADs apply to the relevant aircraft types and are issued without public consultation as they are governed by international agreements. The ADs are made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the relevant provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This is outlined in regulation 39.001 (subsection 5) of the Civil Aviation Safety Regulations 1998, which states that such directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These airworthiness directives are pivotal in maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require the State of Design to bear the primary responsibility for ensuring the ongoing airworthiness of a specific aircraft type. This entails providing necessary information to States of Registry, which must then implement or adopt requisite measures to guarantee the airworthiness of the aircraft within their jurisdiction. In Australia, CASA, acting as the national airworthiness authority, must assess any international airworthiness directives issued by the State of Design. If deemed necessary, CASA issues corresponding Australian ADs to enforce the requirements outlined by the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with an AD may result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue such directives, and non-compliance could lead to significant penalties. The specific penalties for breaches are not detailed in the provided text, but non-compliance generally leads to enforcement actions, which may include fines, grounding of the aircraft, or other regulatory sanctions. The regulatory framework is designed to ensure that all parties adhere to the highest safety standards to prevent any potential hazards to air navigation.
Given that these directives are issued in accordance with international conventions and obligations, no public consultation is required. Additionally, the Office of Best Practice Regulation has determined that these ADs do not necessitate a Regulatory Impact Statement, streamlining the process of issuing and enforcing these directives. The ADs are made by authorised personnel within CASA, specifically the Manager, Airframes in the Airworthiness Engineering Branch, ensuring that all actions are taken in compliance with the legislative requirements.