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 355/30 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, Airframe 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 to ensure the safety of air navigation in Australia, empowers the Governor-General to make regulations under section 98. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory framework is aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide information necessary for the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In accordance with these international obligations, CASA has cancelled AD/AS 355/30 affecting Eurocopter AS355 helicopters, effective from 30 July 2009, without the need for a replacement directive.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain kinds of aircraft or aeronautical products. These ADs are integral to ensuring the ongoing airworthiness of aircraft and are made in the interest of enhancing the safety of air navigation. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901 and are regulated according to the Legislative Instruments Act 2003. The ADs align with international standards set out in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overarching responsibility for an aircraft type's continuing airworthiness and requires States of Registry to implement requirements ensuring the airworthiness of individual aircraft. CASA, acting within its jurisdictional capacity, has issued, reviewed, and subsequently cancelled AD/AS 355/30 for Eurocopter AS355 helicopters, with the cancellation set to take effect from 30 July 2009. Given that this cancellation aligns with Australia's international obligations, no public consultation was deemed necessary, and the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This regulation is enacted to uphold the safety standards outlined in the Civil Aviation Act 1988 (section 98). Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. The ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the overarching responsibility for an aircraft type's airworthiness. The State of Registry, on the other hand, is mandated to establish or adopt requisites for maintaining the airworthiness of individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs to maintain the airworthiness of aircraft types and aeronautical products. These directives are integral to fulfilling international obligations, particularly under the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure an aircraft type's continued airworthiness. The State of Registry is also obligated to develop or adopt requisites to ensure the airworthiness of individual aircraft. In the specific case of the Eurocopter AS355 helicopters, CASA has issued AD/AS 355/30, which has now been reviewed and subsequently cancelled. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and will take effect on 30 July 2009, without necessitating a replacement AD. Given the nature of the AD cancellation, no public consultation or Regulatory Impact Statement was required as determined by the Office of Best Practice Regulation.
The Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other entities involved in the airworthiness of aircraft. CASA must ensure that ADs issued are in line with international standards and obligations, particularly under the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must implement or adopt requisites to maintain the airworthiness of individual aircraft. CASA’s role includes reviewing and, if necessary, cancelling ADs that no longer meet safety standards or international obligations. The AD/AS 355/30 for Eurocopter AS355 helicopters is a case in point, where CASA reviewed and cancelled the directive, ensuring compliance with international standards without necessitating a replacement AD.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998, including the issuance and management of ADs, can lead to significant legal consequences. While specific penalties are not detailed within the provided text, non-compliance with ADs generally could result in severe civil or criminal penalties under Australian aviation law. Such penalties may include fines and imprisonment, reflecting the critical nature of ensuring airworthiness to maintain safety in air navigation. CASA's actions, including the cancellation of AD/AS 355/30, are carried out in accordance with the Civil Aviation Act 1988 and are subject to oversight to ensure adherence to legislative and international standards.