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 2008-0148 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/AB139/6, which will become effective on 19 August 2008.
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 ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework that supports the operation of aircraft within the country. One of its key provisions is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments that mandate the requirements necessary for maintaining the airworthiness of aircraft, in accordance with the obligations Australia has under the Convention on International Civil Aviation. The ADs are issued in response to continuing airworthiness concerns identified by the State of Design or other contracting states, and CASA’s role is to assess these directives and, if necessary, issue corresponding Australian ADs to ensure compliance. This process ensures that Australian-registered aircraft meet international safety standards, thereby enhancing the overall safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, as amended, empowers the Governor-General to establish regulations in the interest of air navigation safety, a mandate carried out through the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft, aligning with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for an aircraft type's continuing airworthiness, while the State of Registry, in this case CASA for Australia, is tasked with implementing and enforcing these standards domestically. The process involves CASA assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, such as the European Aviation Safety Agency's (EASA) AD 2008-0148 for Agusta AB 139 and AW 139 model helicopters. Given that these directives are issued in response to international obligations and not through public consultation, they do not require a Regulatory Impact Statement, and they are implemented by CASA's Airworthiness Engineering Branch.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issue of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 under the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The legal status of ADs as disallowable instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 further solidifies their regulatory authority.
Under the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA, as Australia’s national airworthiness authority, is mandated to assess airworthiness directives issued by the State of Design. When an AD is issued by a State of Design, such as the European Aviation Safety Authority (EASA) for Italy, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet the same safety standards as those set by the State of Design. Additionally, the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia.
Failure to comply with an AD can result in significant legal consequences. While specific penalties for non-compliance with ADs are not detailed in the provided text, general aviation regulations typically include provisions for both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties such as imprisonment may apply. These consequences underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation in Australia. Given the international nature of aviation, compliance with ADs is crucial not only for domestic safety but also for meeting international standards set by the Convention on International Civil Aviation.