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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/AS 355/24 Amdt 2 affecting Eurocopter AS355 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a comprehensive framework for civil aviation in Australia. It aims to ensure the safety and efficiency of air navigation and related activities. 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. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft in accordance with international obligations, particularly those under the Convention on International Civil Aviation. The legislative process for ADs includes specific provisions for disallowance and review, ensuring that they align with both national and international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provide the legal framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to maintain this airworthiness. CASA, as the regulatory authority, issued and subsequently cancelled AD/AS 355/24 Amdt 2 affecting Eurocopter AS355 helicopters, a decision reflecting Australia's commitments under international civil aviation conventions. This AD cancellation, which will take effect on 30 July 2009, does not require consultation with the public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument, and therefore, a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003. These ADs play a crucial role in ensuring the continuing airworthiness of aircraft types as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include ensuring that ADs are issued to maintain airworthiness standards. The State of Design holds overall responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry to facilitate compliance with these standards. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. CASA, acting on behalf of the State of Registry, issues these ADs to enforce airworthiness standards effectively. The process involves rigorous review and consultation with relevant stakeholders, although in this particular case of AD/AS 355/24 Amdt 2 concerning Eurocopter AS355 helicopters, the AD was cancelled without public consultation due to Australia's obligations under the Convention on International Civil Aviation.
In terms of offences and consequences, any non-compliance with the ADs can lead to significant legal ramifications. Violating an AD may result in civil penalties, including fines, and criminal penalties, such as imprisonment, depending on the severity of the breach. The maximum penalties for non-compliance are not explicitly stated in the provided text but generally, they are severe enough to ensure adherence to the airworthiness standards mandated by the regulations. The cancellation of the AD/AS 355/24 Amdt 2 on 30 July 2009 reflects CASA's commitment to upholding international obligations and maintaining the highest safety standards in civil aviation.