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 2009-0042 affecting Agusta S.p.A AB139 and AW139 model aircraft. The EASA acts on behalf of Italy, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AB139/8, which will become effective on 7 May 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations in the interest of safety, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue ADs for particular types of aircraft or aeronautical products. This legislative structure is essential to address the need for coordinated and standardised safety measures across the aviation industry, aligning with Australia's commitments under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing and issuing ADs that reflect international standards and practices, ensuring that aircraft registered in Australia meet necessary safety requirements.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 empowers CASA to issue ADs for types of aircraft or aeronautical products, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry and the State of Design, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of Australia, must assess and implement ADs issued by the State of Design, ensuring compliance with international standards. The issuance of AD 2009-0042 by the European Aviation Safety Authority (EASA) for the Agusta S.p.A AB139 and AW139 model aircraft is an example of this process, leading to the Australian AD/AB139/8, effective from 7 May 2009. The legislative framework allows CASA to issue such directives without public consultation, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not require a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives serve as crucial tools in maintaining the continuing airworthiness of aircraft types, aligning with the obligations outlined in Annex 8 of the Convention on International Civil Aviation. In response to an AD issued by the State of Design, such as EASA for the Agusta S.p.A AB139 and AW139 model aircraft, CASA assesses the information and, if necessary, issues its own AD, such as AD/AB139/8, which became effective on 7 May 2009.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design, CASA must evaluate the directive and, if appropriate, issue a corresponding AD for Australia. This obligation ensures that Australian aircraft meet international safety standards and comply with relevant regulations. Additionally, under Annex 8 of the Convention on International Civil Aviation, the State of Registry is responsible for implementing the ADs to maintain the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must ensure that these directives are properly communicated and enforced.
The legislation does not specify particular offences or penalties for non-compliance with ADs. However, failing to adhere to an airworthiness directive can lead to severe consequences, including the grounding of aircraft, which can result in significant operational disruptions and potential safety hazards. Although the Civil Aviation Safety Regulations 1998 do not detail specific penalties, non-compliance with ADs can attract penalties under the Civil Aviation Act 1988. These penalties could include fines and other regulatory actions, reflecting the critical importance of air safety and the necessity of adhering to airworthiness directives. The overarching aim is to ensure that all parties involved comply with the regulations to maintain the highest standards of aviation safety.