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.
EASA has issued AD 2009-0029 affecting Eurocopter AS 355 model helicopters. EASA acts for France, the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/AS 355/84 Amdt 2. The cancellation will become effective on 26 February 2009. The requirements are now contained in AD/AS 355/98 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes a framework for ensuring the safety of air navigation in the country. This Act was designed to address gaps in aviation safety regulation and oversight, ensuring that Australian civil aviation standards align with international best practices. Under the authority granted by section 98 of the Act, the Governor-General has the power to make regulations for the safety of air navigation, delegating this responsibility to the Civil Aviation Safety Authority (CASA) through the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations specifically allows CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are critical tools in maintaining the continuing airworthiness of aircraft and are made in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry regarding aircraft maintenance and safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and under regulation 39.001 of the Regulations, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory framework ensures that ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are used to maintain the continuing airworthiness of aircraft. These directives are typically issued in response to safety concerns identified by the State of Design, with CASA required to assess and, if necessary, issue equivalent ADs for aircraft registered in Australia. The issuance and cancellation of ADs are conducted in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for continuing airworthiness and the State of Registry's obligation to implement corresponding requirements.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuance of airworthiness directives (ADs) are sections 98 and 39.001, respectively. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) establishes that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, it is also a legislative instrument as per the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations and requirements on parties and entities governed by these laws. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the type to appropriate States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. In turn, the State of Registry is responsible for ensuring the continuing airworthiness of an individual aircraft and must develop or adopt requirements to meet this responsibility. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and issue an Australian AD if appropriate.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaches of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 regarding airworthiness directives. However, non-compliance with ADs can potentially lead to severe consequences, such as grounding of aircraft or other enforcement actions by CASA to ensure safety standards are met. It is essential for the parties and entities governed by these laws to adhere to the requirements to maintain the safety of air navigation.