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 2007-0138R1 affecting Eurocopter AS355 series helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has amended the equivalent Australian AD to AD/AS355/60 Amendment 3 which will become effective on 22 January 2009. This AD cancels and replaces the previous issue.
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 Acting 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 was enacted to provide for the regulation of civil aviation and the safety of air navigation in Australia. It established the Civil Aviation Safety Authority (CASA) as the national authority responsible for ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and the safety of air navigation, as stipulated in section 98. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative framework aims to align Australian aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation, and to ensure that aircraft registered in Australia meet the necessary safety and airworthiness requirements.
The introduction of airworthiness directives by CASA is crucial for maintaining the safety and airworthiness of aircraft within the Australian Register. When a State of Design, such as France for the Eurocopter AS355 series helicopters, issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that Australian-registered aircraft comply with international safety standards and mandates the necessary requirements for continuing airworthiness. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance is governed by the requirements of the Acts Interpretation Act 1901. The process for issuing ADs does not require public consultation or a Regulatory Impact Statement, reflecting the urgency and importance of maintaining airworthiness standards.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, particularly the Civil Aviation Safety Regulations 1998, apply to entities involved in civil aviation operations within Australia, including aircraft manufacturers, operators, maintenance organisations, and the Civil Aviation Safety Authority (CASA). The Act provides the authority for CASA to issue airworthiness directives (ADs) to ensure the safety of air navigation, particularly focusing on the continuing airworthiness of aircraft. ADs are legislative instruments issued in response to identified safety issues and are aligned with international standards set by the International Civil Aviation Organization (ICAO). The scope of these regulations extends to all aircraft registered in Australia and aeronautical products used within Australian airspace. While ADs are typically issued in response to international safety directives from the State of Design, they are tailored to the Australian context by CASA, ensuring compliance with national safety standards. Although ADs do not typically require public consultation or a Regulatory Impact Statement, they are subject to disallowance and scrutiny as per the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools for maintaining the safety and airworthiness of aircraft operating within Australia. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to ensure the type’s airworthiness to relevant States of Registry. The State of Registry, on the other hand, is tasked with ensuring the ongoing airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must evaluate the directive and, if necessary, issue a corresponding Australian AD. This process ensures that the requirements set forth by the State of Design are implemented and enforced within Australia.
CASA has recently amended an Australian AD in response to AD 2007-0138R1 issued by the European Aviation Safety Agency (EASA) for Eurocopter AS355 series helicopters. EASA, representing France, the State of Design for this helicopter type, issued the directive, which CASA has adapted to AD/AS355/60 Amendment 3. This amendment is set to take effect on 22 January 2009, replacing the previous directive. Given that this AD is a result of Australia's obligations under the Convention on International Civil Aviation and is a direct response to an AD from the relevant State of Design, no public consultation has been conducted. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
In terms of legal implications, any failure to comply with the requirements outlined in an AD may lead to serious consequences. Specifically, under section 84A of the Civil Aviation Act 1988, non-compliance with an airworthiness directive can result in criminal charges, with potential penalties including fines and imprisonment. For corporations, the maximum penalty can be substantial, reflecting the serious nature of non-compliance with aviation safety regulations. Therefore, entities and individuals governed by these directives must ensure strict adherence to the stipulated requirements to avoid legal repercussions.