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 EASA has issued AD 2007-0138-E affecting Eurocopter AS 350 and AS 355 aircraft. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/71 Amendment 2, and AD/AS 355/60 Amendment 2 which will become effective on 5 July 2007. These ADs cancel and replace the previous issues.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. One of the key provisions of this Act is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative instrument serves to address the need for continuing airworthiness of aircraft, aligning with the international standards set by the Convention on International Civil Aviation, specifically Annex 8. The policy objective here is to ensure that all aircraft operating in Australia meet the required safety standards, thereby safeguarding public safety and promoting consistency with international practices. CASA issues these directives in response to safety concerns identified by the State of Design or other relevant authorities, reflecting Australia’s commitment to international civil aviation safety obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) in Australia, specifically under section 98 and regulation 39.001 respectively. These directives apply to aircraft and aeronautical products, ensuring their continuing airworthiness, and are issued by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. The ADs are legislative instruments subject to disallowance and are issued under the authority granted by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types, CASA must evaluate the information and issue corresponding Australian ADs as necessary. These directives are binding for the State of Registry of the individual aircraft and are intended to comply with international standards. The ADs do not require public consultation or a Regulatory Impact Statement, and are issued by CASA in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Regulation 39.001(5) specifies that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. In practice, this means that CASA has the authority to mandate specific requirements for the continuing airworthiness of certain types of aircraft and aeronautical products, ensuring they meet safety standards set out by the Convention on International Civil Aviation.
In accordance with Annex 8 of the Convention, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the State of Registry to ensure compliance with airworthiness standards. The State of Registry, which is responsible for the individual aircraft's airworthiness, must then develop or adopt appropriate requirements to maintain these standards. For instance, when the European Aviation Safety Agency (EASA) issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements.
The obligations placed on parties by these regulations are significant. The State of Design must ensure that any ADs issued are based on safety considerations and provide comprehensive information to the States of Registry. States of Registry, including CASA, must evaluate this information and implement necessary measures to comply with the ADs. This includes issuing corresponding Australian ADs, which then become binding on aircraft operators. Operators must follow the ADs to maintain the airworthiness of their aircraft, ensuring they meet all specified safety requirements.
Breaches of the ADs can lead to serious consequences. Non-compliance with airworthiness directives can result in the grounding of aircraft, as CASA has the authority to enforce these regulations. For civil aviation offences, penalties can include fines up to a maximum of $126,000 for individuals and $630,000 for corporations, as stipulated under section 119 of the Civil Aviation Act 1988. In severe cases, criminal penalties may apply, leading to imprisonment. Furthermore, CASA can suspend or revoke aircraft certificates of airworthiness if an operator fails to comply with the ADs, which can significantly impact the operator’s ability to conduct commercial flights.