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 2007-0138R2 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/AS 355/60 Amendment 4 which will become effective on 9 April 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 a comprehensive legal framework governing civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation, thereby aligning with international standards and obligations. In conjunction with the Civil Aviation Safety Regulations 1998, the Act facilitates the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which serve as legislative instruments for maintaining the continuing airworthiness of aircraft. The authority to issue such directives is grounded in the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia adheres to its international commitments while effectively managing the safety and airworthiness of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the ongoing safety and airworthiness of aircraft and aeronautical products. The Act applies to entities such as aircraft manufacturers, operators, and the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. The scope extends to all aircraft registered in Australia, and ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly concerning the State of Design and State of Registry responsibilities. Exemptions and thresholds are determined based on the risk assessments and safety requirements stipulated by CASA. The Act allows for the extension of its application through subordinate instruments, which are legislative in nature and subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 39.001. These directives are intended to address issues related to the continuing airworthiness of aircraft and aeronautical products. According to subregulation 39.001(5), ADs are classified as 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. This regulatory framework is essential for maintaining the safety of air navigation, as stipulated in section 98 of the Civil Aviation Act 1988.
The obligations imposed by these regulations primarily rest on CASA as the national airworthiness authority. CASA must review and assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA is required to issue equivalent Australian ADs to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet international standards for continuing airworthiness, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry of individual aircraft also bears the responsibility of ensuring that their aircraft remain airworthy by complying with the mandated requirements set out in these ADs.
Failure to comply with airworthiness directives can lead to serious consequences. Non-compliance may result in the grounding of affected aircraft, as mandated by the ADs, until the required actions are taken. This could potentially disrupt flight operations and lead to financial losses for airlines and other stakeholders. Furthermore, CASA has the authority to enforce compliance through various means, including the issuance of compliance orders or, in severe cases, the revocation of an aircraft's certificate of airworthiness. Such actions underscore the importance of adhering to ADs to maintain the high safety standards expected in civil aviation.
Under the Civil Aviation Safety Regulations 1998, CASA has the authority to impose penalties for non-compliance with ADs. The specific penalties can vary depending on the nature and severity of the non-compliance. For example, section 39.005 outlines that an individual who contravenes an AD may be subject to a civil penalty of up to $11,100, while a body corporate could face a penalty of up to $55,500. Additionally, repeated or serious non-compliance might lead to more severe consequences, including legal action and potential criminal charges if the non-compliance results in significant safety hazards or accidents. These penalties are designed to ensure that all parties involved in civil aviation take airworthiness directives seriously and act in accordance with the regulations.