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 DGAC has issued AD F-2005-136 affecting Eurocopter Model AS 355 series aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/85, Amendment 1, which will become effective on 29 September 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 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 legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are intended to safeguard the public and enhance the efficiency of air navigation services. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at maintaining the airworthiness of aircraft and aeronautical products. This legislative framework is designed to fulfil Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA, acting on behalf of Australia as the national airworthiness authority, assesses the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to ensure compliance with international standards and Australian regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are issued in accordance with section 98 of the Civil Aviation Act 1988, with the overarching objective of ensuring the safety of air navigation. An AD constitutes a disallowable instrument, as defined in section 46A of the Acts Interpretation Act 1901, and is considered a legislative instrument under the Legislative Instruments Act 2003. In the context of international obligations, the State of Design, such as France for the Eurocopter Model AS 355 series, holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
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. Regulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments in accordance with the Legislative Instruments Act 2003. This regulatory framework is established to maintain the safety of air navigation, as stipulated in section 98 of the Civil Aviation Act 1988. These directives are crucial for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for maintaining airworthiness and requiring the State of Registry to enforce these standards.
The obligations under these regulations necessitate CASA to act upon any AD issued by the State of Design for aircraft types registered in Australia. This involves assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the foreign directive. For instance, following the issuance of AD F-2005-136 by the French Directorate General for Civil Aviation (DGAC) concerning the Eurocopter Model AS 355 series aircraft, CASA issued Australian AD/AS 355/85, Amendment 1. This action underscores the requirement for CASA to ensure that Australian-registered aircraft meet international safety standards.
Failure to comply with these airworthiness directives can lead to serious consequences. While specific penalties are not detailed within this legislative excerpt, non-compliance with ADs generally results in civil and potentially criminal liabilities. Civil penalties could include fines, and in severe cases, criminal charges may be pursued against the aircraft operator or owner for operating an aircraft that does not meet the mandated safety standards. Such enforcement actions are critical in maintaining the high safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.