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 2006-0254 affecting Eurocopter AS 355 aircraft. EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/61, Amendment 1, which will become effective on 23 November 2006. 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 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 was enacted to regulate the safety aspects of civil aviation within Australia, aiming to ensure the safe operation of aircraft and the protection of individuals and property in the air and on the ground. Under this Act, the Governor-General is empowered to create regulations in the interests of air navigation safety, and the Civil Aviation Safety Regulations 1998 further delegate the authority to issue airworthiness directives (ADs) to CASA. The Civil Aviation Act 1988 and its associated regulations reflect Australia's commitment to international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to maintain the highest standards of air safety by ensuring that all aircraft registered in Australia meet the necessary safety requirements as per international conventions. The ADs serve as crucial tools for ensuring the continuing airworthiness of aircraft, with CASA acting on directives issued by the State of Design and aligning them with Australian regulations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This legislation applies to all aircraft and aeronautical products registered in Australia, as well as to operators and owners within Australia's jurisdiction. CASA, acting as Australia's national airworthiness authority, is tasked with assessing international ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) in this instance, and issuing corresponding Australian ADs if necessary. This AD, specifically AD/AS 355/61, Amendment 1, addresses the airworthiness concerns for Eurocopter AS 355 aircraft as per the requirements set by EASA. The AD is effective from 23 November 2006 and is a legislative instrument under the Legislative Instruments Act 2003. Given its international compliance nature and the absence of public consultation requirements, the AD was not subjected to a Regulatory Impact Statement. This regulatory approach ensures that Australia meets its obligations under the Convention on International Civil Aviation while maintaining high safety standards domestically.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003. An airworthiness directive mandates specific actions to ensure the safety and airworthiness of the aircraft, which is a crucial component in maintaining the safety standards outlined in Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure the aircraft remains airworthy. The State of Registry, in turn, is tasked with ensuring the continuing airworthiness of individual aircraft by either developing or adopting appropriate requirements. In cases where the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
For instance, the European Aviation Safety Agency (EASA) has issued AD 2006-0254 concerning Eurocopter AS 355 aircraft, with EASA acting as the State of Design. CASA has evaluated this AD and subsequently issued Australian AD/AS 355/61, Amendment 1, effective from 23 November 2006. This Australian AD replaces the previous issue and mandates the actions required to maintain the airworthiness of the specified aircraft type.
Regarding compliance and enforcement, the AD was issued in response to Australia’s obligations under the Convention on International Civil Aviation and as a result of an AD raised by the relevant State of Design. Consequently, there was no requirement for public consultation on this AD, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not necessary. The AD was made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Non-compliance with an AD can lead to severe consequences, including the grounding of affected aircraft, and in extreme cases, criminal or civil penalties may be imposed, reflecting the critical nature of airworthiness directives in maintaining aviation safety.