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 2006-0098 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 355/76, Amendment 1, which will become effective on 31 August 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 provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 detailing specific measures and procedures. One such regulation is the issuance of airworthiness directives (ADs) which are legislative instruments used to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. This legislative framework is essential to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly those concerning the responsibility of the State of Design and State of Registry for ensuring aircraft airworthiness. CASA's role is to assess and, if necessary, issue Australian ADs in response to directives from the relevant State of Design, as exemplified by the issuance of Australian AD/AS 355/76, Amendment 1, in response to EASA's AD 2006-0098.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are intended to ensure the continuing airworthiness of aircraft as per international standards, particularly those set by the International Civil Aviation Organization (ICAO). The ADs are issued in response to continuing airworthiness information provided by the State of Design or other ICAO Contracting States, and CASA, as Australia's national airworthiness authority, has the responsibility to assess and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. For example, CASA has issued AD/AS 355/76, Amendment 1, in response to an AD issued by the European Aviation Safety Authority (EASA) for Eurocopter AS 355 model helicopters. Given the international obligations under the Convention on International Civil Aviation and the specific nature of ADs, there has been no public consultation on this AD, and it has been determined that a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001. These ADs serve to mandate certain safety measures for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are properly authorised and structured to meet international standards.
Under this regulatory scheme, the State of Design, which in this case is France for the Eurocopter AS 355 model helicopter, holds primary responsibility for the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to other States of Registry, such as Australia, to ensure the safety and airworthiness of the aircraft. As per Annex 8 to the Convention on International Civil Aviation, the State of Registry, represented by CASA in Australia, is tasked with developing or adopting requirements to maintain the continuing airworthiness of registered aircraft. When a State of Design issues an AD, CASA evaluates the directive and, if deemed necessary, issues a corresponding Australian AD to enforce the required safety measures.
The obligations placed upon CASA and other relevant authorities include a thorough assessment of any ADs issued by the State of Design. This involves verifying the necessity and appropriateness of the AD in the Australian context. CASA's role is critical in ensuring that the AD aligns with national safety standards and is effectively implemented. Moreover, the State of Registry must ensure that all aircraft comply with the mandated requirements, which may include conducting inspections, maintenance, or modifications as specified in the AD.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil or criminal penalties. Specifically, the Act allows for fines and potential imprisonment for individuals and organisations that fail to adhere to the stipulated requirements. The maximum penalties for such offences are determined by the severity of the breach and may vary, but they are intended to enforce strict compliance with airworthiness directives to maintain safety standards in aviation.