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 2006-0251 R1 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 355/85, Amendment 2, 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 comprehensive framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 being a significant component of this legislative framework. Section 98 of the Act allows for the creation of regulations by the Governor-General, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The overarching objective of these regulations is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the aim of ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. Pursuant to these provisions, CASA has issued Australian AD/AS 355/85, Amendment 2, which mandates compliance with AD 2006-0251 R1 issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 355 model helicopters. The AD applies to all entities and individuals operating these types of aircraft within Australian jurisdiction, thereby ensuring the aircraft’s continued airworthiness in line with international standards. The geographic reach of this AD is national, as it applies to all aircraft registered in Australia. This AD does not require public consultation or a Regulatory Impact Statement, given its alignment with Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of this legislation are section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument and thus a legislative instrument under the Legislative Instruments Act 2003. These provisions enable CASA to issue ADs to ensure the continuing airworthiness of aircraft in accordance with international standards set by ICAO, specifically under Annex 8 of the Convention on International Civil Aviation.
Under these provisions, CASA, as Australia’s national airworthiness authority, is obligated to assess airworthiness directives issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. If an AD is issued by a State of Design, CASA must review the directive and, if necessary, issue an Australian AD to mandate the requirements for aircraft registered in Australia. This ensures that all aircraft within Australia's jurisdiction adhere to the necessary safety standards and regulatory requirements. Furthermore, the State of Registry is responsible for the ongoing airworthiness of each individual aircraft, which includes implementing the requirements set forth in any applicable ADs.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil or criminal penalties. The exact penalties depend on the severity of the non-compliance and the specific regulations breached. Civil penalties can include fines, while criminal penalties may involve imprisonment. The regulations and acts in place are designed to enforce strict adherence to safety standards to protect the public and ensure the safety of air navigation.
Additionally, the process of issuing an AD by CASA is streamlined to ensure timely response to safety concerns. Since ADs often respond to international safety directives and are issued to meet obligations under the Convention on International Civil Aviation, they are considered legislative instruments and do not require public consultation. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, allowing for a more expeditious issuance process. The AD is made by authorised personnel within CASA, ensuring that the directive is both legally sound and aligned with international safety standards.