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 European Aviation Safety Authority (EASA) has issued AD 2009-0039 affecting Eurocopter AS 355 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/AS 355/60 Amendment 5, which will become effective on 4 June 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & 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 by the Parliament of Australia to regulate civil aviation within the country, ensuring the safety and efficiency of the aviation industry. This legislation provides the framework for the creation and enforcement of safety regulations, including the issuance of airworthiness directives (ADs). One of the significant gaps addressed by the Act is the need for a robust regulatory system to oversee the continuing airworthiness of aircraft, which is critical for maintaining safety standards in line with international conventions. Under the authority granted by section 98 of the Act, the Governor-General has the power to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are integral to ensuring that aircraft remain airworthy and meet safety standards as stipulated by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft, in alignment with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case France for the Eurocopter AS 355 model helicopters, holds the primary responsibility for issuing ADs for aircraft types, with CASA, as Australia's national airworthiness authority, mandated to assess and, if necessary, issue corresponding Australian ADs. This process ensures compliance with international agreements and maintains safety standards within Australian airspace. The issuance of these ADs, however, does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. ADs are legislative instruments, as specified under subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. They are a critical means of ensuring the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for the Eurocopter AS 355 model helicopters, is responsible for issuing ADs for aircraft types, while the State of Registry, represented by CASA in Australia, is tasked with ensuring the aircraft's ongoing airworthiness. In response to AD 2009-0039 issued by EASA, CASA has issued Australian AD/AS 355/60 Amendment 5, effective from 4 June 2009.
Under these regulations, CASA is mandated to assess and, if necessary, issue ADs that align with the directives from the State of Design. This process ensures that the requirements set forth by the State of Design are appropriately implemented and enforced within Australia. The ADs must be complied with by all relevant parties to maintain the airworthiness of the affected aircraft. The obligations of the parties include adhering to the specific directives outlined in the ADs, such as inspections, maintenance actions, and any modifications required to comply with safety standards. Failure to comply with the ADs can result in severe consequences, including grounding of the aircraft, legal action, and potential penalties for non-compliance.
The legislation imposes clear obligations on all entities involved in the operation and maintenance of aircraft to ensure compliance with the issued ADs. This includes airlines, maintenance providers, and individual aircraft operators who must implement the necessary actions specified in the ADs. The safety of air navigation is paramount, and the Act provides CASA with the authority to enforce compliance through various means, including audits and inspections. Non-compliance with ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, individuals and organisations found in breach of the ADs may face fines and imprisonment. The severity of the penalties can vary, but they are designed to ensure that safety regulations are strictly adhered to, thereby protecting the public and maintaining the integrity of the aviation industry.