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 issued AD 2006-0096, affecting Eurocopter AS 355 aircraft, in 2006. EASA acts as the Airworthiness Authority for France as the State of Design for this type. As a result of a new EASA AD, CASA has amended AD/AS 355/84 to reflect the terminating action provided by the new AD. The amended AD, AD/AS 355/ 84 Amendment 2, will become effective on 28 August 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation within Australia. The Act provides the legislative foundation for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to ensure aircraft and aeronautical products meet safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, aligning with international standards such as Annex 8 to the Convention on International Civil Aviation. This legislative instrument was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, under the authority of the Act, specifically subsection 84A(2). The policy objective is to maintain the continuing airworthiness of aircraft in accordance with international obligations and to mandate the requirements set by the relevant State of Design, as illustrated by the recent amendment to AD/AS 355/84 in response to an EASA AD affecting Eurocopter AS 355 aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives, which are legislative instruments, are designed to ensure the safety of air navigation in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, such as the European Aviation Safety Agency (EASA) in the case of Eurocopter AS 355 aircraft, holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA for aircraft registered in Australia, must implement the necessary measures to maintain this airworthiness. Consequently, when a relevant State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. In this instance, CASA amended AD/AS 355/84 to align with a new AD issued by EASA, reflecting the necessary actions to maintain the airworthiness of Eurocopter AS 355 aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for civil aviation in Australia, including the regulation of airworthiness. Section 98 of this Act empowers the Governor-General to make regulations for the Act's purposes, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901. This means that ADs must be made in accordance with the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA has the obligation to assess any ADs issued by the State of Design for aircraft types registered in Australia. If an AD from the State of Design is deemed appropriate, CASA must issue a corresponding Australian AD to mandate the required actions for maintaining the aircraft's airworthiness. This ensures that Australian registered aircraft comply with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, the European Aviation Safety Agency (EASA) for the Eurocopter AS 355, issues ADs to maintain the continuing airworthiness of the aircraft type, and CASA's role is to enforce these requirements within Australia.
Failure to comply with an AD can result in significant consequences. Section 84A of the Civil Aviation Act 1988 stipulates that any person who fails to comply with an AD commits an offence. This offence is subject to a fine as prescribed in the regulations, which can be substantial, reflecting the serious nature of non-compliance with airworthiness directives. Furthermore, the safety of air navigation can be compromised if aircraft do not adhere to these directives, potentially leading to severe civil or criminal penalties for those responsible.
In summary, the Civil Aviation Act 1988 and the associated regulations provide a robust framework for ensuring the airworthiness of aircraft through the issuance and enforcement of ADs. CASA has the responsibility to assess and implement ADs issued by the State of Design, ensuring Australian registered aircraft meet international safety standards. Non-compliance with these directives can lead to significant fines and other penalties, underscoring the critical importance of adhering to airworthiness requirements.