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 355/46 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, 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, enacted by the Australian Parliament, serves to regulate civil aviation safety and other related matters, ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which in turn facilitates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective is to maintain and enhance the safety of air navigation in alignment with international standards, particularly under the Convention on International Civil Aviation, where the State of Design and State of Registry have respective responsibilities for the continuing airworthiness of aircraft. The cancellation of a specific AD, such as AD/AS 355/46 for Eurocopter AS355 helicopters, is made by CASA and is informed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives, which are legislative instruments under the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry as per Annex 8 to the Convention on International Civil Aviation. The State of Design, on the other hand, has the overarching duty of ensuring the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry. This legislative framework extends its application nationally, aligning with Australia's international obligations and ensuring consistency with practices adopted by other ICAO Contracting States. The ADs are a common form of communication for continuing airworthiness information and are issued to maintain safety standards across the industry. Any AD issued by CASA, such as the cancelled AD/AS 355/46 affecting Eurocopter AS355 helicopters, is made in accordance with the legislative requirements and reflects Australia's commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901. As per the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the individual aircraft’s airworthiness. CASA has exercised its authority to issue, review, and cancel ADs, such as the AD/AS 355/46 concerning Eurocopter AS355 helicopters, which has been cancelled and will cease to be effective from 30 July 2009.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA must issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. This includes the requirement to cancel any ADs that are no longer necessary due to changes in aircraft design or operational conditions, as seen with the cancellation of AD/AS 355/46. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, aligning with international standards set by ICAO. CASA’s role includes not only the issuance of these directives but also their review and cancellation when deemed appropriate, reflecting its commitment to safety and compliance with international obligations.
Under the Civil Aviation Safety Regulations 1998, there are no specific offences or penalties directly associated with the issuance or cancellation of airworthiness directives themselves. However, non-compliance with the ADs can lead to significant consequences. Operators who fail to comply with an AD may face civil penalties, including fines, and could also be subject to criminal prosecution for serious non-compliance. The specific penalties for such breaches are not detailed within the text but are governed by the broader provisions of the Civil Aviation Act 1988 and related regulations, which include the potential for substantial fines and imprisonment for serious offences. The legislative framework ensures that CASA maintains its regulatory oversight to enforce compliance and uphold the highest safety standards in civil aviation.