CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2004-170 R1 affecting Eurocopter Model AS 355 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/82, Amendment 1, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, addressing the need for a robust system to ensure the safety and efficiency of air navigation within the country. This legislation empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory approach ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, has the responsibility to assess information from the State of Design and, if necessary, issue corresponding ADs to mandate airworthiness requirements. This process underscores Australia’s commitment to international aviation safety standards and ensures that the Australian aviation sector adheres to global best practices.
Scope and Application
The Civil Aviation Regulations 1998, 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, as per regulation 39.001. These ADs are legislative instruments, subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are critical for ensuring the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. For instance, in response to an AD issued by France for Eurocopter Model AS 355 aircraft, CASA issued AD/AS 355/82, Amendment 1, which became effective on 9 June 2005. Given the international nature of these directives and Australia’s obligations under the Convention, there was no public consultation required, and the Office of Regulatory Review deemed that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, are fundamental in maintaining the safety and airworthiness of aircraft. When an AD is issued by the State of Design, CASA is obligated to review the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation.
In fulfilling its obligations, CASA must adhere to the guidelines set forth by the State of Design and the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, has the responsibility to ensure the continuing airworthiness of the aircraft. This includes adopting or developing requirements that are necessary for maintaining airworthiness and responding to ADs issued by the State of Design. CASA, as the national airworthiness authority, conducts assessments of ADs issued by other states and issues Australian ADs as required. The most recent example is the AD issued for Eurocopter Model AS 355 aircraft, which CASA assessed and subsequently issued as Australian AD/AS 355/82, Amendment 1.
Given the international nature of ADs and the obligations under the Convention on International Civil Aviation, no consultation of the Australian public has been required for this specific AD. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Non-compliance with an airworthiness directive can lead to significant consequences. Under the Civil Aviation Act 1988, operating an aircraft in a manner that contravenes an AD can result in both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal charges could be brought against individuals responsible for non-compliance. These charges could result in imprisonment, reflecting the serious nature of ensuring aircraft safety. The specific penalties depend on the severity of the violation and the discretion of the court.