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 EASA issued Emergency AD 2006-0378-E, affecting Eurocopter AS355 helicopters, in 2006. Europe is the State of Design for Eurocopter AS355 helicopters. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 4. The amended AD, AD/AS3 55/67 Amendment 4 will become effective on 22 Dec. 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act grants the Governor-General the authority to make regulations in the interest of aviation safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate requirements to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, issues these ADs in response to international directives, such as the recent amendment to AD/AS3 55/67 Amendment 4 for Eurocopter AS355 helicopters, reflecting Australia's obligations under the Convention on International Civil Aviation. This amendment, effective from 22 December 2006, is a direct response to an emergency AD issued by the European Aviation Safety Agency (EASA), the State of Design for the Eurocopter AS355 helicopters.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are issued to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for an aircraft type's continuing airworthiness and must provide necessary information to States of Registry, which, in turn, must develop or adopt requirements to ensure their aircraft's airworthiness. For aircraft on the Australian Register, CASA must assess information from the State of Design and, if appropriate, issue an Australian AD. In the case of Eurocopter AS355 helicopters, CASA amended the existing AD in response to an Emergency AD issued by the European Aviation Safety Agency, reflecting Australia's obligations under international conventions and without public consultation. This amendment was issued by the Manager, New Technologies and Systems, in accordance with the Act.
Key Provisions
The main operative sections of this legislation, particularly under regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments, as defined under section 6 of the Legislative Instruments Act 2003. ADs are intended to mandate specific requirements for the continuing airworthiness of aircraft, which is a critical function of both the State of Design and the State of Registry as outlined under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 provides the overarching framework, empowering the Governor-General to issue regulations in the interest of air navigation safety. When an AD is issued by a foreign State of Design, CASA must assess this information and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties governed by the Act. Firstly, the State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, which is detailed in Annex 8 of the Convention on International Civil Aviation. This includes issuing ADs to address any safety concerns. Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must review ADs issued by foreign States of Design and determine if an Australian AD is necessary to align with international standards and ensure safety. This process ensures that all aircraft, irrespective of their country of origin, meet the stringent safety requirements applicable in Australia.
Breaches of the requirements set out in the Civil Aviation Safety Regulations 1998 can result in serious consequences. Non-compliance with an AD can lead to civil penalties, as outlined in the Civil Aviation Act 1988. The maximum penalty for failure to comply with an AD can include fines and imprisonment. Additionally, the operation of an aircraft that does not meet the requirements of an AD can be deemed a breach of the Civil Aviation Order 1991, leading to further enforcement actions by CASA. These consequences underscore the importance of adhering to ADs to maintain the high safety standards mandated by Australian aviation law.