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 2006-0249 affecting Eurocopter AS355 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 355/66, Amendment 2, which will become effective on 26 October 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, Airframes 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 establish the legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation and related activities. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation, as outlined in section 98. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and enforce specific safety measures, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory approach is in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure compliance with these standards. CASA, acting on behalf of Australia, assesses and, if necessary, issues Australian ADs to enforce these international directives and maintain the safety standards expected under the Convention.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to entities and persons involved in the operation and maintenance of aircraft within Australia, ensuring adherence to airworthiness standards. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are binding legislative instruments that mandate safety requirements. These ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly under Annex 8. In the case of the AD concerning Eurocopter AS355 model helicopters, CASA, as Australia’s national airworthiness authority, has assessed and issued AD/AS 355/66, Amendment 2, following a corresponding directive from the European Aviation Safety Agency (EASA) on behalf of the State of Design, France. The AD, which becomes effective on 26 October 2006, cancels and replaces its predecessor, thereby ensuring compliance with both domestic and international safety regulations. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is executed by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 and regulation 39.001. These directives, which are legislative instruments according to the Legislative Instruments Act 2003, are mandated to ensure the continuing airworthiness of aircraft and aeronautical products. The State of Design, responsible for the aircraft type, provides essential information to ensure safety, and the State of Registry is tasked with ensuring the aircraft's ongoing compliance with airworthiness standards. When an AD is issued by a foreign regulatory authority, such as the European Aviation Safety Authority (EASA) for the Eurocopter AS355 model helicopters, CASA evaluates this information and, if necessary, issues a corresponding Australian AD.
Obligations under this Act and its regulations are multi-faceted. The State of Design must provide information necessary for the continuing airworthiness of aircraft types, which includes issuing ADs. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the safety measures outlined in the foreign AD. This process ensures that Australian aircraft comply with international safety standards. Furthermore, CASA must ensure that these directives are effectively communicated and implemented within the Australian aviation sector to maintain safety and compliance.
Violations of the airworthiness directives or failure to comply with the mandates outlined in the Civil Aviation Safety Regulations 1998 can result in significant consequences. Under section 99 of the Civil Aviation Act 1988, non-compliance with an AD can lead to substantial penalties. The specific penalties for breaches can vary, but they can include fines up to $275,000 for individuals and significantly higher fines for corporations, depending on the severity and impact of the non-compliance. Additionally, such breaches can result in criminal charges, leading to imprisonment if found guilty in a court of law. These stringent measures underscore the importance of adhering to the ADs to ensure the safety and integrity of the aviation industry.