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 R2 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 3, which will become effective on 30 August 2007. 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. Under the authority granted by section 98 of this Act, the Governor-General has the power to make regulations that serve the interests of air navigation safety. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness standards, including the issuance of airworthiness directives (ADs). The ADs are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In line with international standards under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case the Civil Aviation Safety Authority (CASA), ensures the individual aircraft's airworthiness. This international framework necessitates that CASA assesses and, if necessary, issues Australian ADs in response to ADs from other States of Design.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations that support the Act's objectives, particularly the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs are intended to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must ensure that an aircraft remains airworthy by adopting or developing appropriate requirements. When the State of Design issues an AD, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD to enforce the required measures. This process ensures that Australian-registered aircraft meet international safety standards. The ADs are issued without public consultation due to their alignment with international obligations and are deemed not to require a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 under which airworthiness directives (ADs) are issued include section 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 further supports this by allowing the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. Additionally, subregulation 39.001(5) specifies that an AD is a disallowable instrument, classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on parties and entities include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of an aircraft type. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements. This ensures that all aircraft registered in Australia comply with international standards and regulations.
In terms of consequences, non-compliance with an AD can result in significant legal and operational repercussions. Although the specific offences and penalties are not detailed in the provided text, it is understood that failure to adhere to ADs can lead to severe civil or criminal consequences. The potential penalties may include fines, suspension of the aircraft's certificate of airworthiness, and other regulatory actions that could impact the operational status and legality of the aircraft within Australian airspace. The exact penalties would depend on the specific nature and severity of the non-compliance.