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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/AS 355/78 Amdt 1 affecting Eurocopter AS 355 series helicopters. The EASA issued AD 2010-0014 on 26 January 2010 which supersedes the requirements of AD/AS 355/78 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these helicopters. The cancellation will become effective on 9 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a comprehensive framework for the regulation of civil aviation in Australia. One of its key objectives is to ensure the safety of air navigation, which is further operationalised through the Civil Aviation Safety Regulations 1998. In particular, the Act allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is responsible for assessing and issuing ADs when necessary, ensuring compliance with both domestic and international safety requirements.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates that airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation for specified types of aircraft and aeronautical products. These directives are legislative instruments, as stipulated under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue such directives is derived from section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998, thereby extending to any aircraft registered in Australia or subjected to Australian regulatory oversight. The ADs must align with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. For instance, when the European Union Aviation Safety Agency (EASA) issues an AD on behalf of a State of Design, CASA, as Australia's national airworthiness authority, is obligated to evaluate this directive and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The scope of this regulation includes all aircraft registered within Australia, and it applies to any conduct or transactions directly related to the airworthiness of such aircraft.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of the aircraft and are necessary to comply with international standards set forth by Annex 8 to the Convention on International Civil Aviation. Each AD is considered a legislative instrument and must adhere to the requirements of the Legislative Instruments Act 2003. It is essential that the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, provides necessary information to the State of Registry. In Australia, CASA acts as the national airworthiness authority and must assess the information from the State of Design to issue an Australian AD if appropriate.
The obligations imposed by these regulations require CASA to carefully evaluate the information provided by the State of Design and determine whether an Australian AD is necessary. This involves assessing the potential risks to air safety and ensuring that all mandated requirements are communicated effectively to the relevant parties. Furthermore, the State of Registry, which in this case is Australia, must develop or adopt necessary requirements to ensure the continuing airworthiness of the aircraft on the Australian Register. This includes ensuring that all ADs are implemented effectively and that compliance is monitored and enforced.
Breach of the requirements set forth in the Civil Aviation Safety Regulations 1998 can lead to significant civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is known that failure to comply with ADs can result in severe penalties, including fines and imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, but they are intended to ensure strict adherence to the safety regulations. CASA is responsible for enforcing these regulations and ensuring that all ADs are followed to maintain the highest standards of aviation safety.