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 2006-0252 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 355/78, Amendment 1, 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 provide a framework for the regulation of civil aviation safety in Australia, addressing the need for a unified and comprehensive legislative approach to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in the interests of the safety of air navigation, as highlighted in section 98. In line with this, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, thereby enhancing aviation safety in Australia and aligning with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued to mandate requirements for maintaining airworthiness as per the obligations of the State of Design and the State of Registry.
Scope and Application
The Civil Aviation (Airworthiness) 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 serve as legislative instruments in accordance with the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation, which assigns responsibility to the State of Design and the State of Registry. In the case of AD 2006-0252 issued by the European Aviation Safety Authority (EASA) for Eurocopter AS 355 model helicopters, CASA has assessed and issued the corresponding Australian AD/AS 355/78, Amendment 1, effective from 26 October 2006. Given the international obligations and the need to align with ADs issued by the State of Design, no public consultation was conducted, and a Regulatory Impact Statement is deemed unnecessary. The AD is issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in compliance with subsection 84A(2) of the Act.
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 specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continued airworthiness of aircraft, as stipulated by section 98 of the Civil Aviation Act 1988. Such regulations are made in the interest of air navigation safety. Importantly, these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the Civil Aviation Safety Regulations 1998 place a responsibility on CASA to assess any ADs issued by the State of Design and, if appropriate, issue corresponding ADs for Australian aircraft. The State of Design, in this context, is France for the Eurocopter AS 355 model helicopters affected by EASA's AD 2006-0252. CASA's role is to mandate the requirements of the State of Design by issuing an Australian AD, ensuring that the Australian Register complies with international standards for airworthiness. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its territory, as outlined in Annex 8 of the Convention on International Civil Aviation.
Failing to comply with the requirements set out in an AD can have serious consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that such breaches could lead to civil or criminal penalties under Australian law. Non-compliance with airworthiness directives can potentially result in aircraft being grounded, leading to significant operational disruptions and safety risks. The exact penalties would depend on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988 and related regulations.